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ProSense Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-01-11 10:38 PM
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79. Why
Johnson said only the executive branch, not the courts, is equipped to make military battlefield targeting decisions about who qualifies as an enemy.

The courts in habeas cases, such as those involving whether a detainee should be released from the Guantanamo Bay detention facility in Cuba, make the determination of who can be considered an enemy combatant.


...is that controversial? The courts were not making decision during an ongoing war. The courts are not determining who is targeted in Afghanistan.

The court is not without recourse if the military abuses its authority, as the cases of soldiers tried and convicted for actions on the battlefield over the years show.

Still, in combat, the determination is made made by the military. It does not defer battlefield decisions to the court during war.

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