PrairiePundit on Lawfare

He writes:

The smoke screen is by the terrorist rights advocates who are trying to reveal our sources and methods of gathering information so that the enemy can avoid future detection and preemption of its attacks.
[…]
This is just another example of why judges have no business interfering with the war effort. The lawfare approach exposes our intelligence gathering. These enemy combatants should have zero access to US courts. They should be detained until the end of the conflict.

Think: Lawfare is the weaponization of legal systems and lawyering.

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2 Responses

  1. This already has a name as a form of lawfare. It is called “Graymail”, and basically works to make the prosecution of individuals so painful in terms of disclosing tactics, techniques and procedures (and identities of individuals) to the intelligence and national security communities that they ultimately give up on the prosecution or are arm-twisted into plea agreements that allow enemies of the state to get off with a slap on the wrist. I have called this for what it is for a long time. They are interested in using the 6th amendment as a weapon to disarm us in the war on terror.

  2. Thanks on the term “Greymail” – I had not heard it before. So, what should be done to counter lawfare or lessen its effects?

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