Really?!? Can you cite the words in that section that you read this into?
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SEC. 1032. REQUIRED MILITARY CUSTODY FOR MEMBERS OF AL-QAEDA AND AFFILIATED ENTITIES.
(a) Custody Pending Disposition Under Law of War-
(1) IN GENERAL- Except as provided in paragraph (4), the Armed Forces of the United States shall hold a person described in paragraph (2) in military custody as an unprivileged enemy belligerent pending disposition under the law of war.
(2) APPLICABILITY TO AL-QAEDA AND AFFILIATED ENTITIES- The requirement in paragraph (1) shall apply to any covered person under section 1031(b) who is determined to be--
(A) a member of, or part of, al-Qaeda or an affiliated entity; and
(B) a participant in the course of planning or carrying out an attack or attempted attack against the United States or its coalition partners.
(3) DISPOSITION UNDER LAW OF WAR- For purposes of this subsection, the disposition of a person under the law of war has the meaning given in section 1031(c), except that no transfer otherwise described in paragraph (4) of that section shall be made unless consistent with the requirements of section 1033.
(4) WAIVER FOR NATIONAL SECURITY- The Secretary of Defense may, in consultation with the Secretary of State and the Director of National Intelligence, waive the requirement of paragraph (1) if the Secretary submits to Congress a certification in writing that such a waiver is in the national security interests of the United States.
(b) Requirement Inapplicable to United States Citizens- The requirement to detain a person in military custody under this section does not extend to citizens of the United States.
(c) Effective Date- This section shall take effect on the date of the enactment of this Act, and shall apply with respect to persons described in subsection (a)(2) who are taken into the custody or brought under the control of the United States on or after that date.
Reading this section paragraph (a)(4) jumps out at me.
(4) WAIVER FOR NATIONAL SECURITY- The Secretary of Defense may, in consultation with the Secretary of State and the Director of National Intelligence, waive the requirement of paragraph (1) if the Secretary submits to Congress a certification in writing that such a waiver is in the national security interests of the United States.
So paragraph (a)(2) can be thrown out if a waiver is given.
Paragraph (b) and Section 1032 are listed as requirement and required. What paragraph (b) does not say is what bothers me. It states that the requirement is inapplicable to US Citizens. What meaning do we give to requirement here? One definition could mean that it is not necessary to detain US Citizens, but given (a)(4) a US Citizen could be classified as a risk and though it is not necessary to detain them it might be decided to be prudent.
Maybe a stretch, but I am not a politician or a lawyer but I do think these sections could be made clearer as to explicitly not apply to US Citizens.