On December 31, 2011, President Barack Obama signed the National Defense Authorization Act (NDAA) for Fiscal Year 2012, codifying indefinite military detention without charge or trial into law for the first time in American history.
So, Happy New Year, y’all! The NDAA’s detention provisions would authorize the president – and all future presidents – to order the military to pick up and indefinitely imprison people captured anywhere in the world, even American citizens, far from any battlefield. This would be a good point at which to remind ourselves of Amendments 4, 5, and 6 to the U.S. Constitution here and attempt to reconcile this law with them.
Can’t do it? There’s a reason for that – it can’t be done.
