reply to post by govspy911
The part you posted there is in reference to custody. That section (1032) says that anyone detained under section 1031/AUMF (i.e. without due
process, but legally justified by the AUMF and the 2012 NDAA) is to be held "in military custody until disposition under the law of war." This
section does not apply to US citizens, so there's not a requirement that US citizens detained under this law be held in military custody (i.e. they
could be held in the custody of some other agency). Legal resident aliens may or may not be required to be in the custody of the military, depending
on the circumstances.
My point was that the 2012 NDAA doesn't grant any new powers as far as detaining people without due process. The AUMF, passed in 2001, is what those
powers are derived from. The 2012 NDAA describes the powers and their implementation in greater detail, but it says explicitly that it doesn't
expand or change them. They won't be able to do anything new after this passes - they've been able to do the bad stuff for a long time now.