jollyroger's picture

    Battleground Earth

    No, this is not a review of the execrable movie.

    This is a pivot from the  justifications elsewhere raised in connection with the assasination of Anwar Al-Alwaki (and, parenthetically, his minor son--too bad Al-A's father didn't include the kid in his original lawsuit, he mighta won on the standing issue if he sued for his grandkid, but who'da thunk we'd snuff the kid too...)

    Anyway, I'd like the dags here gathered, and A-Man and T-mac in particular, to weigh in on the impact in real life of endorsing the application of the "political issue doctrine" to the instant facts, resulting in abstention by the judiciary any time the executive has invoked military powers.

    Do you wish to live in a country where battlefield justice  prevails and the battlefield is the whole earth?

    Consider the implications...

    Comments

    To make it personal:

    Yo, A man.

    Do you think you would have signed the government's brief? (Granting neither of us has seen it, but we both have enough appellate experience to imagine how it went from the court's discussion, right?)


    That is at best a bizarre interpretation of what I wrote jollyroger. I read the pdf, and I wrote down exactly what the judge said in his decision, which is not an endorsement of the judges decision.

    I realize distinctions such as these are never acceptable in a black/white, us/them, with us or against us, world of the fabulous intewebz, where strawmen are haphazardly constructed to obscure reality.  


    didn't mean to imply that you did--I was raising the larger question, since I had already voiced my position that your interpretation of the impact of the case was incorrect.

    That said, I take it that on the larger issue, this would be one of those rare instances where you criticise Obama?


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