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Another PRB, Another Detainee Cleared for Transfer
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... -
One or Two Other Statutes the President Likely Disregarded in The Bergdahl Deal [UPDATED]
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... -
Thoughts on the Bergdahl-for-Taliban Trade
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... -
Mike Lewis on the Lack of an IHL Transparency Requirement for Drone Strikes
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 -
The President Pretty Clearly Disregarded a Congressional Statute in Swapping GTMO Detainees for Bergdahl
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... -
Who Was Bowe Bergdahl?
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... -
More Willing, More Able - But No Time Soon
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... -
Released Taliban Detainees: Not So “Innocent” After All?
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 ... -
Sgt. Bowe Bergdahl Freed in Exchange for Transfer of Five GTMO Detainees
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... -
Why Drone Strikes in Pakistan Have Stopped (and Will It Last?)
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 ... -
Is the Administration Planning to Engage Congress on the AUMF in Late 2014?
One of the nice things about major presidential speeches is that they often are occasions during which reporters separately get to grill unnamed "senior administration officials" for clarification. So i... -
5/28 Session #4: On the Motion to Reconsider the RDI Discovery Order
We return from a recess-ette. The parties quickly handle AE272, in which the defense asks the commission to replicate, in this case, a ruling entered in the 9/11 case. Recall that in the latter, the FB...
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