Can the President have the military come and arrest you? Yes!
Can he (or she) send you to a military tribunal for trial or just hold you indefinitely in a military facility, without charges? Yes!
Even the bill co-sponsor, Senator McCain, appears to agree with this assessment. Senator Rand Paul asked John McCain, on the Senate floor, “…under the provisions, would it be possible that an American citizen could be declared an ‘enemy combatant’ and sent to Guantanamo Bay, and detained indefinitely?” McCain responded, “I think that as long as that individual, NO MATTER WHO THEY ARE, if they POSE A THREAT to the security of the United States of America, should not be allowed to continue the threat.”
These terms will be defined by the bureaucrats in power.
They could be used against political opponents.
1021 has NO exceptions. There’s not even a hint of an exception. Remember, that section gave the President the authority to arrest you and a set of options on how you were to be handled. These choices are completely divorced from the 4th, 5th, 6th, and 8th Amendments, as well as the Treason provisions of Article III. The President’s new alternatives are…
1. Detention without trial by the military
2. Trial by a military commission
3. Trial by some other court of the President’s choosing
4. Shipping you off to a foreign jurisdiction
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