When is a foreigner fighting U.S. forces, wearing no uniform, and belonging to a terrorist organization that routinely violates all the laws of war, not an “alien unlawful enemy combatant”? Um, never. Andy McCarthy straightens out a wrongheaded military judge today.
Andy ends his piece by repeating his well-known call for a new kind of national security court system. I have some doubts about the wisdom of such a system. But if Andy were made the chief judge of the appellate bench of such a system, I’d feel a lot easier about it.