Latest in NDAA

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."

NDAA

Oversight of DOD Kill-Capture Missions Outside Theaters of Major Hostilities: What May Change Under the Next NDAA?

Despite the substantial overlap between counterterrorism activities undertaken by the CIA and JSOC, we tend to pay a lot more attention to the details of the congressional oversight framework for the former as compared to the latter. The NDAA often addresses CT oversight relating to DOD activities, however, and this year is no exception. What follows below is an attempt to provide a user-friendly guide to the proposals on the table.

I. Increasing the pace of quarterly operational briefings regarding CT:

NDAA

President Obama's NDAA Signing Statement on Guantanamo

On Wednesday, November 25th, President Barack Obama signed the 2016 National Defense Authorization Act into law.

In addition to the added and renewed restrictions (sections 1031 and 1032) on the president's ability to transfer detainees from Guantanamo Bay to the United States for continued detention, the bill includes two provisions limiting the interrogation activities of agents of the U.S. government.

Guantanamo

Detainee Transfer Restrictions and the Captures Clause of the U.S. Constitution

Both Jack Goldsmith and Harold Koh have recently written about the constitutionality of congressional restrictions on the transfer of prisoners. The President’s veto last week of the NDAA was based in part on his objection to the restrictions it places on such transfers.

congressional oversight

One Thing the NDAA Would Have Done, and Might Yet Do: Tweaking the Lethal Ops Oversight Framework

Granted, the NDAA FY'16 has just been vetoed, and there probably aren't enough votes in Congress to override. But should it be the case that a deal gets worked out on the budget squabble, we may well see a version of it signed into law eventually. What else is interesting about it, besides the GTMO transfer constraints?

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