-
Well that was fast...
-
Last week, Nazul Gul and Adel Hassan Amad – both former Guantanamo detainees who were transferred by the United States to their home nations before their habeas petitions were resolved – sought a writ of...
-
The Senate just voted for final passage for the NDAA conference report (H.R. 1540). The vote was overwhelming: 86-to-13. All seven senators who voted against the Senate version earlier this month (S.1867...
-
Shane Bilsborough, a student at Pepperdine University, has this very interesting essay over at the Small Wars Journal on "Counterlawfare in Counterinsurgency." In opens:
In recent years, something akin t...
-
Breaking in Boston: animal rights activists today filed a First Amendment challenge to the Animal Enterprise Terrorism Act ("AETA"), which reportedly makes it a "terrorism" crime, among other things, to ...
-
Let's start with an NDAA update: As Bobby reported last night, the House passed the conference version of the NDAA. For the Congress nerds among us, the motion to recommit the bill failed in a 183-234 vo...
-
The House has passed the conference version of the NDAA. It will go on to the Senate, probably coming up tomorrow (Thursday). With the White House veto threat lifted, the NDAA likely will be law in ver...
-
Back in May, I noted that the House version of the NDAA contained a very interesting section addressing “military activities” in cyberspace. Section 962 of that bill would have “affirmed” that DOD may c...
-
On October 14, President Obama notified Congress that he had sent “a small number of combat-equipped U.S. forces to deploy to central Africa to provide assistance to regional forces that are working towa...
-
The only true casualty of Ben's accidental cyberattack on Lawfare was yesterday's Headlines and Commentary post, which survived no better than an Iranian nuclear centrifuge infected with the Stuxnet viru...
-
Uthman Abdul Rahim Mohammed Uthman responds to the government's argument against his cert petition in his new reply brief, available here. It opens:
The petition in this case presents in stark terms the ...
-
The White House has issued the following statement announcing that--and why--it will not veto the NDAA:
Statement from the Press Secretary on the NDAA Bill
We have been clear that “any bill that chall...
-
Check out this post from Josh Gerstein of the Politico describing FBI Director Robert Mueller's fears about how the NDAA conference report--even with the latest changes--will still "muddle the roles of t...
-
Here is a letter from Congressman Adam Smith (D-WA), the ranking member of the House Armed Services Committee, defending and clarifying the detention provisions in the NDAA and advocating for its passa...
-
At least, Adam Liptak does in a well-worth-reading column about Latif. Take that, editorial staff!
On a more serious note, here's the money quote:
Latif is the next great Guantánamo case--whether the Su...
-
An interesting Afghanistan habeas decision today, from the UK: Yunus Ramhmatullah v. Secretary of State for Foreign and Commonwealth Affairs et ano. (Court of Appeals (Civil Division)).
In an opinion b...
-
You may have noticed that no new content has appeared on Lawfare for the past seven hours. On noticing this, you may have thought to yourself, "How strange of the Lawfare folks not to have any new conten...
-
For reasons I plan to elaborate upon in this and subsequent posts, I'm not at all convinced that the conference version of the NDAA is substantially better than the House or Senate version (or that eithe...
-
New Rules of Court for the Military Commission system have been released. The 50-page document is posted here.
-
I've created concise PDF versions of the NDAA bill and the accompanying explanatory statement, cutting out all the non-detainee materials from both documents.
.jpg?sfvrsn=407c2736_6)
