A Call for Debate on the Merits of the Mandatory Military Custody Provision of the NDAA

The latest public development in the long-running fight over the detention provisions in the National Defense Authorization Act occurred last Friday when a group of 13 Senate Democrats (all the Democrats on SSCI and some but not all from Judiciary) wrote this letter to Senator Reid urging him not to bring the Senate version of the NDAA FY'12 to the floor unless its detention-related provisions are removed.  The letter includes as an attachment a short memo explaining the problems with the mandatory-military custody provision in more detail, a memo that Josh Gerstein at Politico indicates is "[a]n Obama administration position paper".   I find many of the points raised in the memo quite persuasive; no surprise there, I'm on record saying this is a terrible idea.  But don't take my word for it.  Let's have the actual debate.  Are there serious answers to the points raised in the memo?  If you think so, please send me a pithy, on-point rebuttal.  I will post it here (with attribution or not, as the author prefers).  If I get more than a couple, I will select the most effective and will post it.  We can then repeat the cycle in reverse if that seems useful.  Congress may or may not really want to engage the merits, but I know Lawfare readers can and will do so.