Books could (and probably will) be written about provisions in the FY2012 National Defense Authorization Act that didn’t survive the conference committee. But the same can be said about those provisions that did make the cut.

Over at Lawfare Blog, they’re writing extensively about the detention provisions. Ben Wittes provides a quick and dirty rundown. Also, see this post to review only the detention provisions.

The new, new Article 120, which would give us Art. 120: Rape and sexual assault generally; Art. 120a: Stalking (pre-existing); Art. 120b: Rape and sexual assault of a child; and Art. 120c: Other sexual misconduct. I’ve cut the relevant section out of the conference report and provide it as a pdf here.

Finally, Article 47 (Refusal to appear or testify) would be expanded to included the case of a subpoena duces tecum for an Article 32 investigation.

Of course, this all assumes the conference report is adopted by both houses, and it survives the veto threat.

One Response to “The FY12 NDAA Conference Report”

  1. who's your daddy says:

    Thank you for posting this Zach.  I’m surprised it took so long for CAAFLog to take up this topic as the original Senate/House versions had the potential to dramatically shitf responsibility away from DoJ/FBI to DoD/CIA and further diminish the President’s national security powers.  Fortunately, the Conference version appears to reflect the status quo with a layer of political grandstanding language as icing.  

    It is interesting that, by and large, this page has deliberately tried to remain separate from Military Commission process at GITMO.  Sadly, IMHO, this has also been the leadership’s (JAG 3-star level) view toward MCs.  The result is that the process has tarnished the entire JAG community across all services. Six convictions in 10 years.  America does not know the details nor do they care.  They expect and deserve results and the whole process is pathetic.  I’m not even echoing the stale defense arguments about unfair process – yada yada.  I mean, even if you accept the validity and fairness of military commissions (as I do), the fact that they have ACCOMPLISHED NOTHING IN 10 YEARS is why we should be shameful.  

    We need the JAGs to step-up in a unified fashion and take over the running.  Decide who is going to get charged with what – make it happen and move on.  Those that won’t be charged need to be completely separated in a manner that is profoundly obvious.  I’m sick and tired of the JAG community owning this thing, getting tarred in the process, and having no power to move these cases.  “IF” they were in an Article III court the one thing that would happen is that the cases would move.  What a freaking embarrasment that we should all be ashamed of and speaking about – every day unitl the albatross is off of our necks.  

    You may see military justice as separate, but America equates “Military Commissions” with miltary lawyers and eveyone sees what a failure it is.

    How on God’s green earth would the Senate want to bolster this failed experiment is beyond comprehension.

    Again, this is from someone who actually supports “Military Commissions.”  What i oppose is failed leadership – in and out of uniform.  Obviously, Gen Martins just got there, but that excuse won’t work anymore.  He was probably a boot LtCol in 01.