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House-Senate Side-by-Side of NDAA Provisions: Part I
As the House of Representatives and the Senate head to conference on the NDAA, I thought it might be useful to analyze the similarities and differences between the counterterrorism provisions of the two ... -
Peter Margulies on the NDAA and Extradition
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Congress, the Courts, and Detention of Americans under the AUMF/NDAA
As Raff explains below, there was one amendment to S. 1867's detainee section that made it through: Senator Feinstein's amendment stating that the bill should not be read as favoring or disfavoring an in... -
NDAA passage, final transcript from Senate Floor
The Senate passed the NDAA (S. 1867) last night on a 93-7 vote. The seven senators who voted against final passage are: Coburn Harkin Lee Merkley Paul Sanders Wyden The bill now moves on to a co... -
A Guilty Plea in an al-Shabaab Material Support Case--and a Hypo for Application of the NDAA
There was a guilty plea today in United States v. Yusuf (S.D. Cal. Dec. -
Would the NDAA Require Lawyers for Combat-Zone Captures?
There is a lot to talk about in regard to S. 1867, the NDAA bill currently under debate, other than section 1031 and 1032. Take section 1036. It's rather amazing this provisions hasn't generated more a... -
No, the NDAA Does Not Give Unreviewable Discretion to Detain
I always read what Conor Friedersdorf has to say over at the Atlantic. He's thoughtful and focused on the merits, and offers an important libertarian perspective on matters including the NDAA debate. I... -
NDAA Senate Debate Part 3: "hundreds and hundreds of hours of debate"
You can read the edited transcript from the Senate's debate yesterday on the detention provisions here. Previous coverage is available here and here. This includes debate on the Sessions amendment starti... -
Does the NDAA Authorize Detention of US Citizens?
[THIRD UPDATE (12/9/11): See here for my updated assessment as to US citizens captured abroad.] [SECOND UPDATE (12/7/11): Thanks to a flood of emails and calls, I am aware that a great many readers rema... -
"Please read the damn bill" Part 2: Senate Debate on the NDAA
As so many of you have found our earlier post of the Senate debate over the NDAA useful, we wanted to offer legislative materials related to the Senate's deliberations. I will continue to update this po... -
Mueller Letter Regarding Concerns over NDAA §1032
FBI Director Robert S. -
Udall Amendment on NDAA
Senator Mark Udall of Colorado is pushing an amendment to the NDAA to strip the bill of its detainee-affairs provisions and require further study of the relevant issues from both the executive branch and...