[adamtaylor]

How much do these provisions of the NDAA really matter? They are still trumped by the Bill of Rights, which clearly forbids indefinite detention of citizens without trial. (The Sixth Amendment, in particular.) And the Bill of Rights can't be superceded except by a new amendment to the constitution. I still wish these provisions weren't there, because they seem insane to me, but I'm wondering if they're really of very much practical consequence.

[morpher]

I agree that the bill of rights supersedes and I also think that the court would most likely assume that the intended interpretation of the clause above is (A). But, I feel bad for the guy waiting in jail while the case runs through the court system...