It was never used, then repealed by the 1971 Non-Detenton Act, stating:
"No citizen shall be imprisoned or otherwise detained by the United States except pursuant to an Act of Congress."
At issue was never again subjecting US citizens to lawless internment the way Japanese Americans were in 1942. At the time, loyal citizens were forced into War Relocation Camps lawlessly.
Murphy faintly hoped Obama would emulate Truman. However, Senate bill sponsor Carl Levin said he insisted on subjecting US citizens to the same draconian treatment as foreign nationals. The original Senate bill excluded them. At his request, they were added.
ACLU deputy legal director Jameel Jaffer called NDAA "an awful bill...." He and other civil libertarians are outraged by its passage. Jaffer added:
This bill will "make permanent as an American law this fixture of worldwide indefinite detention without charge or trial. (It's) a bill that would further militarize counterterrorism policy."
It's "a bill that will make it harder to close Guantanamo. It has all the problems that we identified earlier, and it is really quite astonishing and disappointing that (Obama) is withdrawing his veto threat."
All along, of course, it was disingenuous and hollow. As explained above, he insists on subjecting uncharged US citizens to the same draconian treatment as foreign nationals.
On December 14, the Center for Constitutional Rights (CCR) said: