In an Op-Ed in the Hill, International Center for Law and Economics' Executive Director Geoffrey Manne explains the real problem with the National Defense Authorization Act:
National Defense Authorization Act (NDAA) is a bad piece of legislation, but not for the reason most people think. The NDAA has set the political world alight over fears that it allows the U.S. government to arrest American citizens inside the U.S. and then ship them off as terrorists into indefinite military detention without trial. Reasonable fears, to be sure – except they don’t arise from the NDAA; rather, the power to do just that likely already exists.
The real problem with the NDAA is that it does nothing to resolve the root, underlying threat to American civil liberties: Congress' abdication of its responsibility to define the standards that govern for whom and when military detention is appropriate.