Good morning, counselor.
The guy we smoked in Yemen was a member of the Lackawana gang. He had previously been in the US.
I don't know enough about the law governing the use of the military against a foreign invader in the domestic context to really respond to that hypothetical. The argument can certainly be made that we can kill al Qaeda where ever we find them. Nevertheless, I think for prudential and political reasons the government would try to make an arrest if circumstances permitted.
Merryman and Quirin cases shed a bit of light, not on surveillance, but on habeas. There are a few others I think.
The argument can certainly be made that we can kill al Qaeda where ever we find them. Nevertheless, I think for prudential and political reasons the government would try to make an arrest if circumstances permitted.
That urge to arrest is what creates entry into the court system and all the supervision and second guessing that entails. Again, in the area of detention, we have a few cases working their way. Padilla comes right to mind.
It's really fascinating to see the friction and maneuvering between the foreign intelligence and criminal sides of our battle against those who would harm our citizens and subvert our form of government. I don't pretend to have any quick solutions either, particularly not since this whole area of academic investigation is very new to me, and I only do it as a hobby.
Thanks for the dialog - it's the first time I've interacted with a celebrity. ;-)