No one knows how all this will end. Perhaps in the Supreme Court. But for the moment, the United States does not practice indefinite detention -- except in Guantanamo where there are now 167 men in prcisely that condition -- a substantial number already cleared for release.
So does the President actually need the NDAA to be able to imprison people indefinitiely without charge or trial? History tells us "no.'
George W. Bush shipped 600+ "enemy combatants" into GITMO only with the "law" of Presidential Power. More than half the American people think Barack Obama is twice as smart as George W.
Is there anyone who thinks he won't find a way?
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