At first glance it looked like the 2013 version National Defense Authorization Act (NDAA) did more to protect Americans against indefinite detention. [...] But on closer examination the new NDAA actually makes it EASIER to detain citizens indefinitely.
Afran explained that although the new provision gives U.S. citizens a right to go to civilian (i.e. Article III) court based on “any [applicable] constitutional rights,” but since there are are no rules in place to exercise this right, detained U.S. citizens currently have no way to gain access to lawyers, family or the court itself once they are detained within the military.
“The biggest thing about the  NDAA was that you weren’t getting a trial … Nothing in here says that you’ll make it to an Article III court so it literally does nothing,” Dan Johnson, founder of People Against the NDAA, told BI. “It’s a bunch of words, basically,”
Afran noted that the newest version actually goes further than the NDAA that’s now in effect.
“The new statute actually states that persons lawfully in the U.S. can be detained under the Authorization for the Use of Military Force [AUMF]. The original (the statute we are fighting in court) never went that far,” Afran said. “Therefore, under the guise of supposedly adding protection to Americans, the new statute actually expands the AUMF to civilians in the U.S.”