The government seems to present us only with the choice that we kill them with drones or give them Miranda warnings and access to a 24-karat justice system designed for conventional criminals. There are better ways, including but not limited to military commissions already provided by law but shunned by the administration, or other special- purpose tribunals that can be established by Congress.
Well, Mike, a problem or two.
Shahad never went to Afghanistan, and never engaged in an act of war.
If you want to consider terrorist attacks as attacks of war, fine, the next time a Tim McVeigh or a Republic of Texas type do something like that, we'll try them, white, Protestant Christian types, by military tribunal too.
Meanwhile, Jack Goldsmith, while not mentioning Shahzad by name, indicates he's not an ardent civil libertarian, either.
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