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In reply to the discussion: Snowden is a poopy head [View all]ConservativeDemocrat
(2,720 posts)* Judges don't have jurisdiction over foreign territories
* Judges only deal with criminal complaints; enemy combatants -especially officially recognized enemy soldiers- are not legally considered criminals
* Outside of their own courtroom, Judges can only issue warrants for arrest, not deal with active situations
This is well recognized legal territory. Even on U.S. soil, police do not need prior written permission from a judge to take down an active shooter who is running through a preschool.
Of course you can use sophistry to try to "prove" a point about slippery slopes. "If a cop can kill a madman pointing a gun at the head of a toddler without a judge's permission, what's to keep him from killing just anyone walking down the street?" But I think most people see the difference between the two situations.
Same thing goes for Al-Qa'ida. Seriously, I don't think many Americans of any stripe are too concerned about the unfairness of doing them in without a jury of their Yemeni peers. Our national experience with them is well enough established to say that if they are not stopped by any reasonable means, U.S. citizens will die.
This is especially true when you find out that exactly two U.S. citizens have been the subject of military attack this way, and it is 100% clear from their actions that they were enemy combatants.
- C.D. Proud Member of the Reality Based Community