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Is the Conference Report Veto Worthy?
I am still digesting the new NDAA language, and I'm not yet ready to say how come out on it. It is, without question, significantly better than either the House or Senate bills. Yet some of its provisions remain deeply troubling. While I haven't seen anything from the White House yet about how this latest incarnation of the bill interacts with its previous veto threats, I have a sneaking suspicion that the conferees may have done just enough to avoid a veto. Here's why:
- The mandatory detention provision, while still odious, has been significantly weakened.
Published by The Lawfare Institute
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I am still digesting the new NDAA language, and I'm not yet ready to say how come out on it. It is, without question, significantly better than either the House or Senate bills. Yet some of its provisions remain deeply troubling. While I haven't seen anything from the White House yet about how this latest incarnation of the bill interacts with its previous veto threats, I have a sneaking suspicion that the conferees may have done just enough to avoid a veto. Here's why:
- The mandatory detention provision, while still odious, has been significantly weakened. I can still envision cases in which it would present problems, but the list may be short, and the White House may decide it no longer presents a significant operational problem.
- The House effort to rewrite the Guantanamo review process is gone--as is the requirement of military commission trials.
- While the transfer restrictions remain, they are no net loss to the administration over current law.
Benjamin Wittes is editor in chief of Lawfare and a Senior Fellow in Governance Studies at the Brookings Institution. He is the author of several books.