Editorials & Other Articles
In reply to the discussion: "NDAA does a lot of things, but the one thing it doesn't do is authorize the detention of Americans" [View all]MNBrewer
(8,462 posts)1. "Obama then strongly debunked once and for all the notion that the NDAA detention provisions apply to American citizens, Section 1021 affirms the executive branchs authority to detain persons covered by the 2001 Authorization for Use of Military Force (AUMF) (Public Law 107-40; 50 U.S.C. 1541 note)."
Here's that text "That the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons."
This means that the President can do anything to anyone, anywhere in the world if he believes that they fit the description. American citizens not excluded.
2. "Two critical limitations in section 1021 confirm that it solely codifies established authorities. First, under section 1021(d), the bill does not limit or expand the authority of the President or the scope of the Authorization for Use of Military Force."
The AUMF grants unlimited power to the President (apparently), and the NDAA does not change that.
3. "Second, under section 1021(e), the bill may not be construed to affect any existing law or authorities relating to the detention of United States citizens, lawful resident aliens of the United States, or any other persons who are captured or arrested in the United States."
Under the AUMF, the existing laws regarding detention are rendered moot. Anything goes as long as the President agrees.