On Tuesday, Congress removed a provision from 2013 NDAA that claimed to protect American citizens from unconstitutional detention by the military. The effort was spearheaded by Arizona Sen. John McCain.
“An authorization to use military force, a declaration of war, or any similar authority shall not authorize the detention without charge or trial of a citizen or lawful permanent resident of the United States apprehended in the United States, unless an Act of Congress expressly authorizes such detention,” the provision declared.
The amendment was added by Sen. Dianne Feinstein. The House version of the legislation, however, did not contain language protecting citizens from detention. It was removed after a conference committee from both chambers worked out a unified measure. …
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