On New Year’s Eve of last year, with only a few hours remaining in Calendar Year 2011, President Obama signed into law the National Defense Authorization Act (“NDAA”) for Fiscal Year (“FY”) 2012.2 As with the FY 2011 NDAA, the FY 2012 NDAA was stalled for many months and was passed three months after the start of the fiscal year. Most of the controversy about the FY 2012 NDAA related to that Act’s “Title X, Subtitle D—Counterterrorism,” which includes provisions concerning military detention of terrorism suspects and the interrelationship between such military detention and the operation of the U.S. criminal justice system.
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Reprinted with permission from The Government Contractor.