Latest in Executive Branch
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Clapper Letter on NDAA
I missed this before Thanksgiving, I'm afraid, but fortunately, the invaluable Josh Gerstein did not: Director of National Intelligence James Clapper is joining the chorus of Obama administration voices ... -
The Legal Implications of the Decline of the Original al Qaeda Network
Greg Miller of the Washington Post has an important story this morning addressing the possibility that the original al Qaeda network is but a drone strike or two away from eradication: The leadership ran... -
"Please read the damn bill" (Senate debate on the NDAA)
Having now returned from my undisclosed location, here's a transcript of the Senate floor debate on the NDAA. The Senate debated the bill on Thursday and Friday. This transcript, helpfully includes only... -
Daphne Eviatar on Latif and the NDAA
Daphne Eviatar of Human Rights First writes in with the following comments on Latif and the detention provisions of the NDAA: -
The Administration's SAP
Finally, the administration has spoken clearly, directly, and with direct references to consequences--a veto--about the detainee provisions of the NDAA. The White House's Statement of Administration Poli... -
White House SAP Threatens Veto over NDAA Detainee Provisions
Well, apropos of my prior post, the White House has in fact now issued a veto threat in relation to the detainee provisions in the NDAA. The full text of the SAP is here, and the detainee-relevant langu... -
Veto Threats and the NDAA
I was just reading a piece by Adam Serwer (Mother Jones) regarding the NDAA detainee provisions, and came across this pithy line from Ben: "If Congress is going to take the president seriously, it has to... -
Why the New Senate Detention Language Still Stinks
The Senate's new NDAA language changes almost nothing. Yes, there are some technical adjustments, which Bobby has described in detail, and some of these may serve to lessen slightly the irrational burden... -
Another Change to Section 1031 of the SASC NDAA Bill
Two weeks ago, I had a few posts discussing the scope of detention authority authorized under section 1031 of the then-pending SASC version of the NDAA, in response to Steve Vladeck's concern that the la... -
The Evolving UK Approach to Litigating Cases Involving State Secrets
The UK for some time has been wrestling with the problem of civil litigation that implicates states secrets. Foreign Minister William Hague addressed the issue eloquently in this speech, which in releva... -
Section 1031 of the NDAA and Other Issues It Raises
Further to the exchange between myself and Steve Vladeck regarding Section 1031 of the SASC version of the NDAA FY '12, Raha Wala (Human Rights First) writes in with the following thoughtful comments and... -
The Consequences of an Afghan Drawdown on Detention Authority
Following up on my last post regarding section 1031 of the NDAA FY 12 and the future of detention authority, I want to draw attention to what strikes me as a huge and looming issue--but one that is getti...
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