Why do we have a Judicial branch of government, anyway?

[msanthrope]

36. You have made a fundamental error in your assessment of Mr. Awlaki that suggests ignorance of his

activities.

You wrote "who are not actively engaged in warfare," which suggests that you have not read of his active involvement in the Cargo Bomb Plot, the British Airways Plot, the Christmas Bomb Plot, and the incidents involving, Molly Norris, Stephen Timms, Fort Hood, and Times Square. His emails to Rajib Karim are public record, read aloud in court.

The trial at Woolwich crown court, south-east London, heard Awlaki had written an email to Karim asking: "Is it possible to get a package or person with a package on board a flight heading to the US?"

Police believe Karim was offering to supply information to terrorists that could be used to stage an attack. He also tried to join BA cabin crew during a strike but failed because of a technicality.
http://www.guardian.co.uk/uk/2011/feb/28/british-airways-bomb-guilty-karim

If you cannot read an 80-page decision that outlines Mr. Awlaki's activities and rights, try his Wikipedia page. It's shorter, and has links.

Further, the judiciary of the United States is not going to get involved in a military decision authorized by Congress and made by the CIC. I believe I have encouraged you to read the Youngstown decision regarding how Executive power is regarded. The only way you are going to get a FISA-like court is if Congress gets off its rear-end and authorizes it. Which it won't.