National Defense Authorization Act NDAA

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Just Security

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…
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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…
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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…
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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…
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NDAA Followup: Outcome on Amendments a Mixed Bag

Here’s a quick follow-up on what happened to the five proposed amendments to the House version of the FY2015 National Defense Authorization Act (NDAA) that I flagged yesterday.…
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5 Key NDAA Amendments to Watch For

Congress is considering the National Defense Authorization Act this week, and several proposed amendments in the House to this annual authorization bill would have significant…
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Petition denied in Hedges

The Supreme Court this morning unsurprisingly, and without comment, denied the petition for certiorari in Hedges v. Obama, No. 13-758.  The plaintiffs in Hedges challenged the…
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Jack Goldsmith on the “Front-Page Rule”

Highly recommended. As I explained earlier, I think this is a very important question going forward.
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The Constitutional Case for Judicial Authority To Order the Transfer and Release of Guantánamo Detainees Cleared for Release

In the statement that he issued as he signed the 2014 National Defense Authorization Act (NDAA), President Obama, addressing the Act’s continuing restrictions on the transfer…
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Senate Passes the NDAA

Late this evening, the Senate passed by a vote of 84-15 the compromise NDAA legislation that the House approved last week; it should be sent to the President for his signature…
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NDAA Passes House, Senate Expected to Vote Next Week

As Ruchi included in the news roundup this morning, the National Defense Authorization Act (NDAA) passed the House last night by a vote of 350-69.   In case you missed it earlier…
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Gillibrand Proposal Removed from NDAA, but Some Reforms Remain

We have more news coming out of the Senate-House compromise NDAA legislation relevant to Just Security readers, this time with respect to the reforms regarding military sexual…
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