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The House has passed the conference version of the NDAA. It will go on to the Senate, probably coming up tomorrow (Thursday). With the White House veto threat lifted, the NDAA likely will be law in ver...
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Back in May, I noted that the House version of the NDAA contained a very interesting section addressing “military activities” in cyberspace. Section 962 of that bill would have “affirmed” that DOD may c...
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Uthman Abdul Rahim Mohammed Uthman responds to the government's argument against his cert petition in his new reply brief, available here. It opens:
The petition in this case presents in stark terms the ...
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The White House has issued the following statement announcing that--and why--it will not veto the NDAA:
Statement from the Press Secretary on the NDAA Bill
We have been clear that “any bill that chall...
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Here is a letter from Congressman Adam Smith (D-WA), the ranking member of the House Armed Services Committee, defending and clarifying the detention provisions in the NDAA and advocating for its passa...
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At least, Adam Liptak does in a well-worth-reading column about Latif. Take that, editorial staff!
On a more serious note, here's the money quote:
Latif is the next great Guantánamo case--whether the Su...
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An interesting Afghanistan habeas decision today, from the UK: Yunus Ramhmatullah v. Secretary of State for Foreign and Commonwealth Affairs et ano. (Court of Appeals (Civil Division)).
In an opinion b...
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For reasons I plan to elaborate upon in this and subsequent posts, I'm not at all convinced that the conference version of the NDAA is substantially better than the House or Senate version (or that eithe...
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Section 1022 of the Conference version of the NDAA carries forward section 1032 of the Senate version, which has been widely described as a mandatory military detention provision for a subset of detainab...
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[UPDATE (12/13/11, 9:45): A careful reader points out that in the earlier Senate bill, there were no commas after the words "United States citizens" and "lawful resident aliens of the United States". So...
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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 provision...
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The conference report for the NDAA is now available. Subtitle D, entitled "Counterterrorism," begins on page 653 and runs through page 685. The conferees' explanation of their choices begins on page 158 ...