The bill does not require military custody for American citizens suspected of membership with Al Qaeda or an allied group, as it more or less does for foreigners. (Note, by the way, that this is all about suspicion, not proof.) But neither does it prohibit military trial or detention of American citizens. It’s stunning that the president is willing to sign a bill that might effectively turn the right of habeas corpus into a mere privilege—even for citizens.

Does the NDAA Apply to American Citizens? – NYTimes.com

What’s also shocking is that the guy was a constitutional law professor. He must have covered the 6th amendment and habeas corpus in class.