Unbeknownst to me, the NDAA as passed by the House of Representatives yesterday contains new–and very bad–provision mandating military commission trials for terrorist suspects. Added on the floor through an amendment by Rep. Vern Buchanan, which passed on a 246-to-173 vote, it reads as follows:
SEC. 1043. TRIAL OF FOREIGN TERRORISTS.
After the date of the enactment of this Act, any foreign national, who–
(1) engages or has engaged in conduct constituting an offense relating to a terrorist attack against persons or property in the United States or against any United States Government property or personnel outside the United States; and
(2) is subject to trial for that offense by a military commission under chapter 47A of title 10, United States Code;
shall be tried for that offense only by a military commission under that chapter.
Really not helpful.