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I concur with your position having articulated much the same last week. What AJ seems to forget (or ignore) is that this will result in much harsher treatment of nonfatal action captures. Most likely that after questioning, the detainee will receive the ‘double tap’, completing his ‘circle of life’.

Ultimately, one would hope that when the islamists realize that taking up arms against an American soldier is a suicide mission, the attacks will diminish. By the same token, when an attack is promulgated, the severity will be considerable. The result is more American deaths just as Scalia proposed.

My bottom line is: if you are not a citizen of the USA and you are captured breaking our law or endangering a USA citizen, you have only one right: the right to not be executed on the spot (because that is God's law). After that, as far as I am concerned, praying to whatever animal or miscreant you believe in is your only hope.

if you are not a citizen of the USA and you are captured breaking our law .... you have only one right: the right to not be executed on the spot (because that is God's law).

It is God's law to execute noncitizens? My god is conservatism in trouble.