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no problem, "(a) IN GENERAL.—Congress affirms that the authority of the President to use all necessary and appropriate force pursuant to the Authorization for Use of Military Force (Public Law 107–40; 50 U.S.C. 1541 note) includes the authority for the Armed Forces of the United States to detain covered persons (as defined in subsection
(b)) pending disposition under the law of war.
(b) COVERED PERSONS.—A covered person under this section is any person as follows:
(1) A person who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored those responsible for those attacks
(2) A person who was a part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces."
the president has the power to accuse you of terrorist acts and you may be subjected to this act. and since there is no trial, no proof is needed.
the president cant just accuse you of being a terrorist and ship you off to gitmo, there has to be reason to do so. and you still get to face a military tribunal, thus you still get a trial, just not one in civilian court. this is similar to the arguments made about the patriot act and how it was going to make common criminals terrorists, and they were all going to be sent to gitmo, and that we no longer had any rights. the patriot act and the ndaa do not trump the constitution. if you are caught on the battlefield fighing against the US military, or you harbor people that are terrorists, THEN you can be subject to the NDAA, otherwise not.
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