NDAA Fact Sheet and Presidential Policy Directive on §1022
This just in from the Department of Justice:
Today at 6:30 pm, the White House issued the following Fact Sheet and a Presidential Policy Directive that sets forth procedures implementing Section 1022 of the National Defense Authorization Act for FY 2012 (which was enacted on Dec.
Published by The Lawfare Institute
in Cooperation With
This just in from the Department of Justice:
Today at 6:30 pm, the White House issued the following Fact Sheet and a Presidential Policy Directive that sets forth procedures implementing Section 1022 of the National Defense Authorization Act for FY 2012 (which was enacted on Dec. 31, 2011). This particular provision of the NDAA required military custody, pending disposition under the law of war, for a very narrow category of individuals – specifically non-U.S. citizens closely linked to Qaeda who were planning or carrying out an attack against the United States or coalition partners. Section 1022 of the NDAA also specifically authorized the President to waive the military custody requirement of Section 1022 at any time when doing so serves U.S. national security interests. Section 1022 also required the President to issue implementing procedures no later than 60 days after the law was enacted.
Raffaela Wakeman is a Senior Director at In-Q-Tel. She started her career at the Brookings Institution, where she spent five years conducting research on national security, election reform, and Congress. During this time she was also the Associate Editor of Lawfare. From there, Raffaela practiced law at the U.S. Department of Defense for four years, advising her clients on privacy and surveillance law, cybersecurity, and foreign liaison relationships. She departed DoD in 2019 to join the Majority Staff of the House Permanent Select Committee on Intelligence, where she oversaw the Intelligence Community’s science and technology portfolios, cybersecurity, and surveillance activities. She left HPSCI in May 2021 to join IQT.
Raffaela received her BS and MS in Political Science from the Massachusetts Institute of Technology in 2009 and her law degree from Georgetown University Law Center in 2015, where she was recognized for her commitment to public service with the Joyce Chiang Memorial Award. While at the Department of Defense, she was the inaugural recipient of the Office of the Director of National Intelligence’s General Counsel Award for exhibiting the highest standards of leadership, professional conduct, and integrity.
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