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D. Application to Individuals Captured or Detained by, or in the Custody of, the Department of Defense. Any time an individual is captured or detained by, or otherwise taken into the custody of, the Department of Defense,the requirement under section 1022(a)(1) of the NDAA will have been satisfied, regardless of whether there has been a final determination as to whether the individual is a Covered Person, and regardless of the authorities under which the individual is captured, detained, or otherwise taken into custody. Therefore, individuals captured or detained by, or otherwise taken into the custody of, the Department of Defense shall not be subject to the procedures outlined in sections II through IV of this Directive. Any subsequent law of war disposition of the individual effectuated by the Department of Defense consistent with section 1021(c) and 1022(a)(3) of the NDAA satisfies all requirements of section 1022 of the NDAA, subject to the conditions on transfer in section 1028 for any individual detained at Guantanamo.
What country before ever existed a century & a half without a rebellion? & what country can preserve it's liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance? Let them take arms. The remedy is to set them right as to facts, pardon & pacify them. What signify a few lives lost in a century or two? The tree of liberty must be refreshed from time to time with the blood of patriots & tyrants. It is it's natural manure. Our Convention has been too much impressed by the insurrection of Massachusetts: and in the spur of the moment they are setting up a kite to keep the hen-yard in order.