Smash was wrong initally. The law does make detention of us citizens illegal. To me, this was the clear intent of Congress. On the flip side, courts could use the rejection of the language of Rand's amendment coupled with an inventive reading of the new amendment new to say that all congress intended was to restrict indefinite detention other than that authorized by 2012 NDAA. This would be blatantly wrong but a possibility. This is why sometimes attaching amendments that sound good but will not pass can be dangerous because courts sometimes view them as a rejected interpretation of the new law.
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