National Defense Authorization Act NDAA
93 Articles

The President’s NDAA signing statement re: GTMO and anti-torture provisions
The President today signed into law into law S. 1356, the National Defense Authorization Act for Fiscal Year 2016. The good news is that Section 1045 of the NDAA in effect codifies…

A False Choice on Guantánamo Closure
This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…

After the NDAA Veto: Now What?
This time, he’s serious. After all these years of unexecuted veto threats, on October 22, 2015, President Obama finally vetoed the $612 billion National Defense and Authorization…

The Bass-Ackwards Detainee Transfer Provision in the FY2016 NDAA
There’s a lot to say about the 1,915-page National Defense Authorization Act (NDAA) for Fiscal Year 2016 that was unveiled yesterday by the House and Senate Armed Services…

A Sweeping Victory for the McCain-Feinstein Anti-Torture Measure
The anti-torture measure that David talks about here passed the Senate by an overwhelming majority today of 78-21. Not that this should be a surprise. After all, as David wrote,…

The Ridiculous GTMO Counsel-Stripping Amendment: An Easy Vote
[UPDATE: The Amendment failed by a vote of 133-297.] Steve has already described the likely constitutional problems with the latest Guantanamo amendment designed to strip funding…

GTMO Transfer Bans Run Amok
A few weeks ago, I wrote about a disturbing provision that was added at the last minute to the Senate Armed Services Committee’s version of the National Defense Authorization…

Secretary Hagel’s defense of the Bergdahl deal [UPDATED]
[slightly updated for clarification and to account for testimony during the hearing] The Secretary of Defense is testifying at a HASC hearing beginning now. Here are his prepared…

Congress Clearly Contemplated Prisoner Exchanges as Part of NDAA Notification Requirements–and so did the White House
Some think the following is the Obama administration’s main argument for bypassing Congress in transferring the 5 Taliban detainees from Guantanamo: Congress did not contemplate…

Interpretation and Retaliation in the Obama Administration
Caitlin Hayden’s statement last week on “why it was lawful” to exchange five Taliban prisoners held at Guantanamo for Sergeant Bergdahl, “notwithstanding the notice requirement…

The Administration’s explanation for why it was lawful not to wait 30 days to complete the Bergdahl exchange
National Security Council Caitlin Hayden just issued this statement concerning “why it was lawful for the Administration to proceed with the [Bergdahl] transfer notwithstanding…

The Bergdahl Exchange [Fifth UPDATE (with clarification)]
This is truly wonderful news. The five Taliban detainees transferred to Qatar apparently are: Abdul Haq Wasiq (ISN 004) Mullah Norullah Noori (ISN 006) Mullah Mohammad Fazl (ISN…