Op-ed by Rear Admiral John D. Hutson, JAGC, USN (Ret.).
Though the NDAA detention provisions — and the 2001 Authorization for the Use of Military Force (AUMF) on which they are based — are unclear on whether Congress authorized such actions, any attempt by this or a future president to deploy the military to take custody of or indefinitely detain individuals picked up on U.S. soil would offend the very foundation of the Constitution.
Thankfully, dozens of members of Congress have introduced or co-sponsored bills to try to remedy some of the most dangerous aspects of the NDAA detention provisions. These bills seeking to “fix” the NDAA essentially break down into three categories. Let’s take a look.