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The Obama Administration has backed away from its suggestions over the weekend that it failed to comply with the notice requirement in Section 1035 of the 2014 NDAA on constitutional grounds.
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Curt Bradley’s thoughts are at AJIL Unbound, the Volokh Conspiracy has commentary by Nick Rosenkranz and Ilya Somin, and Jean Galbraith and
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This time it's Ghaleb Nassar Al Bihani, about whom a Periodic Review Board found last week:
The Periodic Review Board, by consensus, determined continued law of war detention of the detainee is no longer...
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Earlier today I explained why the President almost certainly disregarded Section 1035 of the 2014 NDAA when he swapped the GTMO detainees for Bergdahl. The President probably disregarded another statute...
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What do you give up to get back one of your own? Talk about a hard national security choice. The decision to trade five senior Taliban detainees at Guantanamo for Private First Class Bowe Bergdahl has it...
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Professor Mike Lewis (Ohio Northern University's Pettit College of Law) writes in with the following guest post:
There Is No Transparency Requirement for Drone Operations
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Marty Lederman tries mightily to interpret Bergdahl’s release as consistent* not inconsistent with the wishes of Congress, but I don’t think he succeeds.
Section 1035 of the 2014 NDAA authorizes the Def...
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Fascinating article in the Daily Beast from Nathan Bradley Bethea, who served with him:
It was June 30, 2009, and I was in the city of Sharana, the capitol of Paktika province in Afghanistan. As I stepp...
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One new policy proposal contained in the President’s West Point speech from Wednesday was a Counterterrorism Partnerships Fund, which would facilitate counterterrorism training for U.S. partner countries...
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Today’s Washington Post contains an interesting article about the backgrounds of the five released Taliban detainees entitled "Freed prisoners were battle-hardened Taliban commanders."
According to the ...
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Some wonderful (and quite NDAA-relevant) news, here reported by Talking Points Memo:
WASHINGTON (AP) — The only American soldier held prisoner in Afghanistan has been freed and is back in U.S. custod...
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Did you know that we have not carried out drone strikes in Pakistan since 2013? A story from Ken Dilanian (now at AP) today does a nice job of laying out the many reasons why:
1. Fewer targets ("Many ...