Bench Memos

Stuck in a Muddle

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.


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