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The Problematic NDAA: On Clear Statements and Non-Battlefield Detention
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... -
Concise PDF versions of the Conference Version of the NDAA and the Explanatory Statement from the Conferees
I've created concise PDF versions of the NDAA bill and the accompanying explanatory statement, cutting out all the non-detainee materials from both documents. -
The Conference Version of the NDAA: Mandatory Military Detention Is Not Very Mandatory
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... -
The Conference Version of the NDAA: Lingering Ambiguity as to Citizens
[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... -
Is the Conference Report Veto Worthy?
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... -
NDAA Conference Report--A Quick and Dirty Analysis
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 ... -
John Brennan on NDAA Veto Threat
President Obama's chief counterterrorism adviser, John Brennan, has given an extended interview to NPR on the administration's view of the NDAA's detainee affairs provision and its threat to veto the leg... -
Stewart on the NDAA (Part II)
More amusing nonsense from Jon Stewart before the weekend: The Daily Show With Jon Stewart Mon - Thurs 11p / 10c -
Clarification: NDAA Could Still Be Read to Apply to Citizens, If Seized Abroad
In a prior post surveying the impact of the Senate version of the NDAA bill (currently in conference negotiations), I emphasized that the Feinstein Amendment made clear that the NDAA did not alter, one w... -
Jon Stewart on the NDAA
There's barely a true fact in it, but it's very funny: -
House-Senate Side-by-Side of NDAA Provisions: Part II
The following is a continuation of our side-by-side comparison of the House and Senate versions of the NDAA: Prohibition of Detainee Transfer to the United States The House version of the bill (Section 1... -
The NDAA and US Citizen Detention
[UPDATE (12/9/11): See here for my updated assessment as to US citizens captured abroad.] On the day that the Senate passed its version of the NDAA, I wrote a post in the morning addressing whether the ...
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