Topic: Military Custody

Amendment 45 of the 2013 NDAA introduces a requirement for the President to notify Congress within 48 hours of detaining a person lawfully in the United States under military force authorization. The hosts express skepticism about the efficacy of these "rights unaffected" clauses in protecting citizens from indefinite military detention.

Senate Bill S3081, the Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010, was introduced by Senator John McCain. The legislation proposes placing individuals suspected of terrorism—including those captured within the United States—into indefinite military custody. The bill is currently in the Senate Committee on the Judiciary.