Latest in NDAA

NDAA

The Cyberspace Solarium Commission: A Timely Proposal

On Monday, night the Senate passed its version of the John S. McCain National Defense Authorization Act for Fiscal Year 2019. It now heads to conference for reconciliation with the House version. The Senate version is packed with interesting provisions relating to military operations in the cyber domain, and I’ll be writing separately about most of those items shortly.

Detention & Guantanamo

Summary from the Courtroom: Al-Alwi v. Trump Oral Argument

On Tuesday, the D.C. Circuit Court of Appeals heard oral argument in Al-Alwi v. Trump. Chief Judge Merrick Garland, Judge Karen LeCraft Henderson (joining remotely) and Judge Thomas Griffith reviewed the D.C. District Court’s dismissal of Guantanamo detainee Moath Hamza Ahmed al-Alwi’s second habeas petition.

NDAA

Expanding Congressional Oversight of Kill/Capture Ops Conducted by the Military: Section 1036 of the NDAA

The National Defense Authorization Act for Fiscal Year 2017 ("NDAA") is likely to complete its journey into law this week, and so the time has come to spotlight some of the nuggets in it that might matter to Lawfare readers. One of the most important, in my view, involves the little-known, emergent oversight architecture associated with kill/capture operations conducted by the military in locations other than areas of "theaters of major hostilities."

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