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Detention Authority and Section 1031 of the NDAA
In a post on the American Constitution Society's blog, Steve Vladeck takes aim at section 1031 of the Senate version of the NDAA FY '12, which concerns detention authority under the 9/18/01 AUMF. If you'... -
Scott Horton on the “Pyrrhic” Victory Over Gaddafi [UPDATED]
Scott Horton has a thoughtful essay at Foreign Policy that argues the fall of Gaddafi should be seen “through the lens of the law” as a “Pyrrhic” victory. From the domestic law perspective, Horton maint... -
McKeon Letter to Obama on Detainee Provisions of the NDAA
Here is the latest salvo in the debate relating to the NDAA provisions relating to detainees: Last week Chairman McKeon sent this 7-page letter to the White House responding to the administration's earli... -
A Call for Debate on the Merits of the Mandatory Military Custody Provision of the NDAA
The latest public development in the long-running fight over the detention provisions in the National Defense Authorization Act occurred last Friday when a group of 13 Senate Democrats (all the Democrats... -
The New York Times Runs a Correction on an Editorial!
I awoke this morning to a genuine marvel: An actual real-live correction to a New York Times editorial on a national security issue. It reads as follows: This article has been revised to reflect the foll... -
Kucinich et al. v. Obama Tossed Out
Judge Reggie Walton today dismissed on standing grounds the lawsuit challenging the legality of the military operation in Libya (via Josh Gerstein). The decision was not remotely surprising, and indeed ... -
Is the Administration Softening on AUMF Reaffirmation?
I had been waiting for the video of Pentagon General Counsel Jeh Johnson's speech at the Heritage Foundation to be released to post thoughts it. But I awoke this morning to press coverage of the speech t... -
Quick Thoughts on the USG's Refusal to Use Cyberattacks in Libya
Eric Schmitt and Thom Shanker of the NYT report that the Obama administration considered using offensive cyber-weapons in the war in Libya, but in the end did not use them. Schmitt and Shanker give seve... -
Stimson on the Pending NDAA FY12 Bills
Cully Stimson (Heritage) has posted a very handy review of the pros and cons of the pending NDAA FY12 bills, highlighting both the useful and problematic aspects of that legislation. And as a reminder, ... -
Obama Sends 100 US Troops to Uganda to Help Combat Lord’s Resistance Army
That is the headline from ABC News. The War Powers Resolution notification to Congress states in part: I have authorized a small number of combat-equipped U.S. forces to deploy to central Africa to prov... -
Government Argues Against the “Everyone Does It” Defense in Sterling Leak Prosecution
Steve Aftergood at Secrecy News reports that the government has filed a motion in the Sterling leak prosecution urging the court to “bar the defendant [Sterling] from presenting any evidence, argument or... -
New Developments on the NDAA's Detention Provisions
Josh Gerstein reports that Senator Reid has announced that he will not allow the NDAA for FY'12 to come to the floor for a vote until concerns over section 1031, 1032, and 1033 are addressed. As you may...
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