has been surrounded by controversy. senators mccain and levin added a provision which would require terrorist suspects held in military custody. but could that extend to u.s. citizens eventually? joining us right now is fox news senior judicial analyst and host of "the freedom watch" on the fox business network, judge andrew napolitano. explain what this particular provision would do. >> this is a bill to fund the defense department. it's a lot of other bills. >> usually that's just pro forma, let's vote. >> right. here's the amount of money that the defense department can spend. here's how we want them to spend it but senators mccain and levin have added this legislation which would authorize the president to declare all the united states of america to be a battlefield even though there's no battle thanks be to god going on here. >> war on terror is different. >> that would authorize him to use commander in chief authority in the united states, to use the military to arrest people in the united states who in the