Published 10:25 a.m. ET -- An Obama administration senior official said Tuesday that during the president's State of the Union address he will announce that 34,000 of the 66,000 U.S. troops in Afghanistan will be brought back to the United States within 12 months.

Shamil Zhumatov / Reuters

U.S. Army soldiers react after their comrade was wounded at patrol by an improvised explosive device (IED) in southern Afghanistan June 12, 2012.

By this spring, a senior administration official said, Afghan forces will be “assuming the lead across the entire country, with the United States and ISAF (the International Security Assistance Force) stepped back to a train-advise-and-assist role. In that capacity, we will no longer be leading combat operations, but will provide support to the Afghans” during the 2013 and 2014 fighting seasons.

“By the end of 2014, we will responsibly bring our war in Afghanistan to a close,” the official said.

But the Obama administration is in negotiations on a security accord with the Afghan government that would allow some U.S. forces to operate in the country after 2014 to attack remnants of al-Qaida and to train Afghan forces.

Defense Secretary Leon Panetta said in a speech last month “We are still at war in Afghanistan,” but he said the progress the International Security Assistance Force has made in training the Afghan army and Afghan police “has brought us to what I hope will be the last chapter of this war, and the next chapter in NATO's relationship with Afghanistan.” 

NBC White House Correspondent Kristen Welker contributed to this story

Legal experts expressed grave reservations Tuesday about an Obama administration memo concluding that the United States can order the killing of American citizens believed to be affiliated with al-Qaida — with one saying the White House was acting as “judge, jury and executioner.”

The experts said that the memo, first obtained by NBC News, threatened constitutional rights and dangerously expanded the definition of national self-defense and of what constitutes an imminent attack.

“Anyone should be concerned when the president and his lawyers make up their own interpretation of the law or their own rules,” said Mary Ellen O’Connell, a law professor at the University of Notre Dame and an authority on international law and the use of force.

“This is a very, very dangerous thing that the president has done,” she added.

The memo, made public Monday, provides detail about the administration’s controversial expansion of drone strikes against al-Qaida suspects abroad, including those aimed at American citizens.

Among them were Anwar al-Awlaki and Samir Khan, who were killed by an American strike in September 2011 in Yemen. Both men were U.S. citizens who had not been charged with a crime.

Attorney General Eric Holder, in a talk at Northwestern University Law School in March, endorsed the constitutionality of targeted killings of Americans provided that the government determines such an individual poses “an imminent threat of violent attack.”

But the memo obtained by NBC News refers to a broader definition of imminence and specifically says the government is not required to have “clear evidence that a specific attack on U.S. persons and interests will take place in the immediate future.”

RELATED: Read the memo on drone strikes against Americans

Glenn Greenwald, a constitutional lawyer who writes about security and liberty for the British newspaper The Guardian, described the memo as “fundamentally misleading,” with a clinical tone that disguises “the radical and dangerous power it purports to authorize.”

“If you believe the president has the power to order U.S. citizens executed far from any battlefield with no charges or trial, then it’s truly hard to conceive of any asserted power you would find objectionable,” he wrote.

The attorney general told reporters Tuesday that the administration’s primary concern is to keep Americans safe, and to do it in a way consistent with American values. He said the administration was confident it was following federal and international law.

“We will have to look at this and see what it is we want to do with these memos,” he said. “But you have to understand that we are talking about things that are, that go into how we conduct our offensive operations against a clear and present danger.”

White House press secretary Jay Carney said that while the government must take the Constitution into account, U.S. citizenship does not make a leader of an enemy force immune from being targeted.

The drone strikes, and now the Justice Department memo, are expected to figure prominently Thursday when the Senate takes up the nomination of John Brennan, the White House counterterrorism adviser and architect of the drone campaign, to lead the CIA.

Sen. Ron Wyden, an Oregon Democrat, and 10 other senators wrote to President Barack Obama on Monday asking him to release all Justice Department memos on the subject.

The senators said that Congress and the public need a full understanding of how the White House views its authority so they can decide “whether the president’s power to deliberately kill American citizens is subject to appropriate limitations and safeguards.”

Jameel Jaffer, deputy legal director of the American Civil Liberties Union, described the memo as reckless. He wrote that assuming that the target of a strike is an al-Qaida leader, without court oversight, was like assuming a defendant is guilty and then asking whether a trial would be useful.

But John O. McGinnis, a professor of constitutional law at Northwestern University who worked for the White House’s Office of Legal Counsel during the Reagan and H.W. Bush administrations, said he was persuaded by the arguments in the memo, which he described as “very cautious.”

“If this is someone who has taken up affiliation with an organization attacking the United States, I don’t think it matters whether they’re a citizen — they seem to me an enemy combatant whom the president can respond to,” he said. “I think this is not a hard case.”

Sen. Dianne Feinstein of California, a Democrat and chair of the Senate Intelligence Committee, issued a statement Tuesday saying that her committee received the memo last year and wants to see other administration memos further explaining the legal framework for carrying out strikes.

At the same time, she appeared to defend the killing of al-Awlaki. She said that al-Awlaki was external operations leader of al-Qaida in the Arabian Peninsula and directed the failed attempt to blow up an airliner on Christmas Day 2009.

The memo lays out a three-part test for making targeted killings of Americans lawful. The suspect must be deemed an imminent threat, capturing the target must not be feasible, and the strike must be conducted according to “law of war principles.”

Naureen Shah, a lecturer at Columbia Law School and associate director of the Counterterrorism and Human Rights Project at the school’s Human Rights Institute, said that she was deeply troubled by the contents of the memo.

“We should be concerned when the White House is acting as judge, jury and executioner,” she said. “And there’s no one outside of the White House who has real oversight over that process. What’s put forward here is there’s no role for the courts, not even after the fact.”

Alex Wong / Getty Images

Senate Majority Leader Sen. Harry Reid speaks to members of the press after the weekly Senate Democratic Policy Luncheon at the U.S. Capitol January 29, 2013.

The Nevada Democrat’s comments come as Congress begins the challenging process toward approving its first major piece of gun legislation since the 1990s.

The Senate Judiciary Committee holds its first hearings that topic on Wednesday, featuring high-profile witnesses on either side of that issue. Speaking in favor of gun control will be retired astronaut Mark Kelly, the husband of Gabrielle Giffords, the former Arizona congresswoman injured critically in a 2011 shooting.

Giffords herself will deliver an opening statement to the committee.

On the other side will be National Rifle Association CEO Wayne LaPierre, whose influential gun rights lobby is working to thwart the administration’s proposals on Capitol Hill. According to LaPierre’s prepared testimony, released Tuesday by the NRA, he will stake out a clear stance against the heart of the president's plan.

“When it comes to the issue of background checks, let’s be honest – background checks will never be ‘universal’ – because criminals will never submit to them,” said LaPierre in those prepared remarks.

LaPierre's testimony on Wednesday will surely reflect the sharp opposition to the Obama plan among gun rights groups; aversion that threatens to transform the battle into a legislative slog and sap the administration’s momentum.

Skepticism over assault weapons ban
While the outrage prompted by the December rampage at Sandy Hook elementary school has lingered longer than previous mass shootings, the impetus for gun control measures threatens to fade as time passes.

Already, one of the central proposals from Obama’s plan – renewing the ban on assault weapons – faces an uphill battle to be included in any final legislation. 

Reid, who has said he would not seek Senate passage of legislation that had no chance of approval in the House, was non-committal on the issue of the assault weapons ban during his comments on Tuesday. 

“I'll take a look at that,” he said of a proposed ban on assault weapons favored by California Democratic Sen. Dianne Feinstein.

“As I've indicated to you folks, we're going to have votes on all kinds of issues dealing with guns. And I think everyone will be well advised to read the legislation before they determine how they're going to vote for it.”

Speaker John Boehner, R-Ohio, has said that the House would consider whatever legislation on guns the Senate manages to pass, but has committed to little more than that. 

And, in fact, whatever legislation the Republican-controlled House is able to consider might depend ultimately on a handful of moderate Senate Democrats.

Several of those lawmakers have expressed skepticism toward the assault weapons ban, but have conveyed more interest in universal background checks – the element of Obama’s plan that gun control proponents that might have a better chance at passage. 

That provision appears poised even to win some Republican support: Oklahoma Republican Sen. Tom Coburn told a Tulsa television station on Friday that he’s working with Democrats on legislation to ensure universal background checks. 

Senate Minority Leader Mitch McConnell, R-Ky., was more reluctant to endorse such a measure, saying during an availability at the Capitol on Tuesday: “I'm among those who'd be happy to take a look at whatever the majority decides to advance on that subject.” 

But Paul Ryan, the Wisconsin congressman who frequently mentioned his pride as a hunter during his time as Mitt Romney’s running mate appeared to lend support to that idea during a Sunday interview on “Meet the Press.” 

“I think the question of whether or not a criminal is getting a gun is a question we need to look at. That's what the background check issue's all about,” he said. “And I think we need to look into making sure that there aren't big loopholes where a person can illegally purchase a firearm.”

During the whirlwind weekend to mark the end of the his first term and the start of his second, President Obama, joined by first lady Michelle Obama, began Saturday's National Day of Service participating in an elementary school makeover project in Washington, D.C., along with approximately 500 volunteers.

Obama said the turnout across the country for the day's events, leading up to a national holiday to honor civil rights leader Martin Luther King Jr., indicated a "huge hunger on the part of young people to get involved and to get engaged."

“This is really what America is about, this is what we celebrate," Obama said while speaking at Burrville Elementary. "This inauguration, it’s a symbol of how our democracy works and how we peacefully transfer power, but it should also be an affirmation that we’re all in this together, and we’ve got to look out for each other, and we’ve got to work hard on behalf of each other.”

Michelle Obama said the National Day of Service should be a symbol of the kind of work that needs to be done for the next four years and beyond.

“For all the young people and we’ve got a lot of young people…we’re passing the baton onto you all, so the goal is that as you make your way through life, who are you pulling up behind you? And as long as you’re pulling somebody up behind you you’re doing the right thing.”

Vice President Joe Biden and his wife, Jill, were also on hand to serve.

“Those who serve our men and women in uniform, our wounded warriors, our veterans and our first responders – they give so much of themselves – and for us, it’s our obligation to give back,” Jill Biden said Saturday in a tent on the National Mall. “I hope this is just the first of many of the days that you all volunteer this year and serve your community and our country is something we can do every day all the time for the rest of our lives.”

Pool via NBC News

President Barack Obama and first lady Michelle Obama paint a bookshelf at Burrville Elementary School in Washington, D.C., on the National Day of Service on Saturday, January 19 2013.

Also participating in the day's events were celebrities, musicians and television personalities, including Ben Folds, Star Jones, Chelsea Clinton and Eva Longoria.

Obama started the day of service in 2009 and said he hopes his initiative will become a tradition for future presidents.

“America’s never been about what can be done for us; it’s about what can be done by us together,” Obama said on Jan. 4, in a White House press release.

“Inaugurations are about more than just celebrating, they’re about coming together to make our country a better place,” Obama said in a video message encouraging people to sign up to serve their communities on Saturday.

Thousands of volunteers in all 50 states are slated to participate this year.

• In Washington, D.C., volunteers will prepare more than 10,000 care packages for soldiers, veterans and first responders.
• In New York, Mayor Michael Bloomberg and city agencies will be engaging in service projects in communities affected by Superstorm Sandy.
• Volunteers who signed up in California will give food and winter coats to the homeless.
• In Chicago, service members will gather at Navy Pier to write letters and put together care packages for service members overseas.
• Sixty-two AmeriCorps members in Oklahoma will travel to a neighborhood once segregated by Jim Crow laws to repair homes for low-income families.  

Steve Kerrigan, president and CEO of the Presidential Inaugural Committee, said the day of service makes the inauguration “truly a national celebration.”

The president will officially be sworn in for his second term at noon on Sunday in a private ceremony at the White House, shortly after Biden. He’ll take the oath of office again on Monday before hundreds of thousands of onlookers on the National Mall, followed by a parade and formal balls in Washington.

Updated 4:10 p.m. -- The National Rifle Association on Thursday said it was 'disappointed' with the results of a meeting with the gun violence prevention task force led by Vice President Joe Biden.  

"We were disappointed with how little this meeting had to do with keeping our children safe and how much it had to do with an agenda to attack the Second Amendment," the NRA wrote in a statement after a closed-door meeting with administration officials and other gun groups. "While claiming that no policy proposals would be 'prejudged,' this Task Force spent most of its time on proposed restrictions on lawful firearms owners - honest, taxpaying, hardworking Americans."

Biden is expected to offer the task force's recommendations to the president by Tuesday.

The vice president, charged to lead a series of gun reform meetings in the wake of the Newtown school shooting, said earlier on Thursday that other stakeholder groups have expressed "surprising" support for universal background checks, as well as some restrictions on high-capacity magazines.

"There is a surprising -- so far -- recurrence of suggestions that we have universal background checks, not just [to] close the gun show loophole, but total, universal background checks, including private sales," Biden said.

But those comments came before Biden's meeting with the country's most powerful gun lobby and vocal foe of restrictions on gun ownership.

"We will not allow law-abiding gun owners to be blamed for the acts of criminals and madmen," the NRA wrote afterwards. "Instead, we will now take our commitment and meaningful contributions to members of Congress of both parties who are interested in having an honest conversation about what works - and what does not." 

National Rifle Association head Wayne LaPierre caused controversy after the Newton killings for saying that the only way to prevent such events is the presence of armed security officers at every school.

"The only way to stop a monster from killing our kids is to be personally involved and invested in a plan of absolute protection," he said. "The only thing that stops a bad guy with a gun is a good guy with a gun." 

 The outdoor enthusiasts who met earlier Thursday with the vice president included members of the Association of Fish and Wildlife Agencies, Ducks Unlimited, and the Outdoor Industry Association; the entertainment industry participants, slated for a 6 p.m. ET meeting, include representatives from the Motion Picture Association of America, Comcast, and the Directors Guild.

Megastore Wal-Mart will also participated in a Thursday meeting with Attorney General Eric Holder this afternoon, along with other retailers like Bass Pro Shops and Dick's Sporting Goods. Wal-Mart agreed to send a representative to the session after public criticism of the store's initial 'no' RSVP to the White House invitation.

Biden raised some conservatives' eyebrows yesterday when he said that the administration is considering possible executive action in addition to legislative solutions.

"The president is going to act," he said during a session with gun control groups Wednesday. "There are executive orders, executive action that can be taken."

White House spokesman Jay Carney said later Wednesday that no decisions have been made about avenues for implementation of possible reforms.

Multiple sources on Capitol Hill and in key special-interest groups involved in national security issues say they have been told to be prepared for a Chuck Hagel nomination for Defense Secretary, either as early as Monday or perhaps more likely Tuesday of next week.

Related: Former Sen. Chuck Hagel apologizes for gay comment

While it's still possible for the president to have a change of heart, all signs are pointing to a Hagel nomination.

That said, a White House spokesperson tells NBC News pretty emphatically that the president has not made a final decision and does not expect the president to make a final decision until he gets back from Hawaii.

The White House spokesperson adds, the "chatter" about Hagel-as-the-pick in the national-security and Capitol Hill communities is "premature." That said this spokesperson acknowledged Hagel is a "leading contender."

For what it's worth, the reason a lot of outside sources are being given a heads up on Hagel is that the White House knows if Hagel is indeed the president's choice, it's going to be a real fight.

Hagel's 2008 statement that "the Jewish lobby" intimidates many lawmakers has drawn criticism from both sides of the aisle, and some have painted him as weak on defense issues. Democrat Chuck Schumer of New York, a top-ranking Jewish senator, passed on the opportunity to offer an endorsement for Hagel during an appearance on Meet the Press, while Republican Sen. John Cornyn called his positions on Iran and nuclear weapons "unacceptable."

Hagel also recently apologized for his 1998 opposition to an ambassadorial nominee whom he described as "openly, aggressively gay."

There are as many as 10 Democratic senators who could vote no, Capitol Hill sources say. But Hagel has some big backers besides the president who would become the key point people in getting Hagel over the finish line – Vice President Joe Biden and Rhode Island Sen. Jack Reed, both of whom are huge proponents of Hagel.

Asked on MSNBC’s Morning Joe about the opposition to Hagel, Obama political adviser David Axelrod defended the former Republican Nebraska senator.

“It speaks to the larger problem that we’re talking about, which is, we have to get the point, where, first of all, independence is admired and not discouraged, and we can disagree on some things and still work together on others,” Axelrod said. “And the notion that we demonize people because of a position that they’ve taken and disqualify them on that basis is what’s destroying the ability to get things done in this town.”

Dave Kaup / Reuters

Senator Chuck Hagel (R-NE) leaves a news conference in Omaha, Nebraska in this March 12, 2007, file photo.

Bottom line: It appears to be Hagel, but the White House says no final decision has been made.

News of the expected nomination was first reported by Foreign Policy magazine's The Cable blog.

Tennessee Sen. Bob Corker said Friday that “the American people should be disgusted” the nation’s leaders haven’t been able to avert the fiscal cliff.

Well, mission accomplished.

John Makely / NBC News

Abigail Holt, 17, (right), of Hartford, Conn., says Washington's inability to avert the fiscal cliff is "annoying."

Across the country, people are shaking their heads about negotiations that go nowhere and fingers that point everywhere while the nation hurtles toward the precipice of a new economic crisis.

“They should make a plan, make up their minds and do something!” Abigail Holt of Hartford, Conn., told NBC News.

She’s 17 years old and admits she’s just learning about the federal government and the fiscal cliff. But she knows this much: “It’s annoying.”

And that's being polite.

Writing in the Daily Beast, Howard Kurtz called the nation's capital "the country’s biggest day-care center." The famous sex therapist Dr. Ruth Westheimer hit below the belt, noting on Twitter that "Members of Congress who can't compromise probably aren't good lovers."

Californian Pat Marshall said the politicians "appear to be very self-centered on making sure that they’re taken care of and the American public comes second."

After an hourlong meeting Friday with congressional leaders that he described as "constructive," President Obama acknowledged that people outside Washington were bewildered by D.C. "dysfunction" and that time -- and patience -- were running out.

Lawmakers have 'lost touch'
Indeed, with higher taxes and deep spending cuts looming without a deal, Americans’ faith in Washington is dissipating by the day.

A Dec. 9 Gallup poll found that 59 percent thought it was likely the White House and Congress could hammer out a deal to avoid a slide down the cliff; by this week, that had sunk to 50 percent.

Skeptics were gaining ground, meanwhile: 48 percent think an agreement before the year-end deadline is unlikely, up 10 points from two weeks earlier.

John Makely / NBC News

Rich Dodds, 49, of Houston, Texas, says the elected officials in Washington have "lost touch" with Americans who will be affected by the fiscal cliff.

“It doesn’t feel like they’re doing much,” said Rich Dodds, 49, an energy product manager from Houston, Texas. “I think they’ve lost touch with who the American people are. It’s a pretty elite group in Washington.”

The fact that both houses of Congress went into recess -- the Senate took a nearly week-long break, and the House is still on vacation until Sunday -- bothered some.

“This is one of the most important issues and they are not even working,” said Bill Prosser, 49, a telecommunications salesman from Clifton, Va. “I’m very disappointed in them.”

Nicole Hayward, 28, of Brooklyn, N.Y., was so angered by the congressional recess that she posted a petition on Change.org demanding lawmakers get back to business.

“I turn on the news every day while I’m getting ready for work and I saw coverage about how Congress was going to break for the holidays and we might not have a resolution,” the marketing director said. “I thought, who cares about their holiday vacation? It really got me going.”

Hayward got only 101 signatures on her petition. She attributed the lack of interest to cynicism.

“The reason why the average American doesn’t pay attention to this issue and the details is they think Congress will come together and pass something that just kicks the can down the road and things won’t change in [their] life,” she said.

John Makely / NBC News

Bill Prosser, 49, of Clifton, Va., says members of Congress should be locked in a room until they can make a deal.

Bipartisan blame
Inside the Beltway, Democrats are condemning Republicans and vice versa for the stalemate. But the nation’s voters are more bipartisan in their blame, with neither Republicans nor Democrats obtaining majority support.

“Essentially, right now, 25 percent of the public approves of the job the GOP congressional leaders are doing and 40 percent approves of the job the Democratic leaders are doing,” said Jocelyn Kiley, a senior researcher for the Pew Research Center for the People & the Press.

Prosser thinks there’s a time-tested way to bring the two sides together before Jan. 1 -- something akin to the old papal conclaves in which cardinals were locked in a room until they chose a new pontiff.

“Just say you’re not going to leave until you have a deal,” Prosser said.  “Get in a room -- and get it done!”

The American Military Partner Association

U.S. Marine Corps captain Matthew Phelps gets down on one knee to propose to partner Ben Schock on Saturday night in the first same-sex marriage proposal at the White House.

U.S. Marine Corps captain Matthew Phelps asked, and his partner Ben Schock said yes.

On Saturday night, Phelps was photographed getting down on one knee in what is believed to be the first same-sex marriage proposal ever made in the White House. The couple’s engagement came 14 months after the military’s “don’t ask, don’t tell’’ policy officially ended, and the joyful photo was quickly passed around on social media shortly after it was posted online by the American Military Partner Association. The proposal occurred while Phelps and Schock were taking a Christmas tour of the White House together.

“Such a special night surrounded by wonderful people in an amazing place, and the best is still yet to come," Phelps wrote on his Facebook page. "Thanks for all the wonderful greetings and messages, and thanks to Barack Obama and Michelle Obama for lending us your home for the occasion!"

“Such a wonderful night for us, and it’s received so much attention on Facebook!’’ Phelps also wrote on his blog. “Really, the only thing on my mind was making it a memorable and unforgettable night for Ben. Thank you all for the well wishes!!"

Phelps, who came out publicly at the Pentagon last year, has spoken publicly about the “don’t ask, don’t tell policy," giving lectures and writing several posts about it on his blog including one on what the end of the policy meant to him.

"I have served my country for almost 10 years without so much as a peep about my social life,'' he wrote. "Indeed, I haven’t had much of a social life because of this policy. It’s my turn to live my life as openly as I want. If people have a problem with it, that’s exactly what it is: their problem. I love being gay because I came to accept it through years of struggle and introspection and self-discovery. It is a big part of who I am because in accepting the fact that I was gay, I came to know myself better and become the man I am today."

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