McCain explicitly included the Fifth Amendment in his legislation because it addresses his target, coercive interrogation. As we’ve seen, in Dickerson, the Supreme Court held that Miranda was now considered part of the Fifth Amendment’s core. In the al-Owhali case, Judge Sand ruled that Miranda imposes daunting burdens on American agents overseas — burdens far more challenging than the rote reading of an advice-of-rights card that typically happens in domestic policing. With the Supreme Court, beginning in 2004, imposing more and more criminal-justice procedure on the battlefield, the McCain Amendment would almost certainly be used by courts or a Democratic...