Legislative Update
Unbeknownst to me, the NDAA as passed by the House of Representatives yesterday contains new--and very bad--provision mandating military commission trials for terrorist suspects. Added on the floor through an amendment by Rep. Vern Buchanan, which passed on a 246-to-173 vote, it reads as follows:
SEC. 1043.
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Unbeknownst to me, the NDAA as passed by the House of Representatives yesterday contains new--and very bad--provision mandating military commission trials for terrorist suspects. Added on the floor through an amendment by Rep. Vern Buchanan, which passed on a 246-to-173 vote, it reads as follows:
SEC. 1043. TRIAL OF FOREIGN TERRORISTS. After the date of the enactment of this Act, any foreign national, who-- (1) engages or has engaged in conduct constituting an offense relating to a terrorist attack against persons or property in the United States or against any United States Government property or personnel outside the United States; and (2) is subject to trial for that offense by a military commission under chapter 47A of title 10, United States Code; shall be tried for that offense only by a military commission under that chapter.Really not helpful.
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.
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