The National Defense Authorization Act contains some ugly draftsmanship and some head-scratchingly vague wording on the issue of battlefield captures. That said, my long time professional opinion was that it probably wasn’t something worth worrying overly much about, particularly when their were bigger fish to fry in the realm of warrantless wiretaps and the upcoming sunsetting of FISA provisions. That having been said, others have not been so germane to the problem, and for the moment at least, they have won a major victory in getting a permanent injunction against the section of the NDAA that caused the hubbub.
From the ruling:
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For the reasons set forth above, this Court permanently enjoins enforcement of § 1021(b)(2) in any manner, as to any person. The Court invites Congress to examine whether there are amendments that might cure the statute/s deficiencies or whether in light of existing authorization and existing
criminal statutes § 1021 is needed at all.