Tuesday, March 30, 2004
FindLaw's Writ - Cassel: Is Playing Paintball and Firing Legal Guns Terrorism?
I agree with Cassel that this conviction is weak, and also stupid. An appeal is almost sure to overturn the verdict. The problem, however, is deeper.
Pre-emption as a doctrine cannot be rationally expected to apply only to states, especially when it comes to the question of terrorism, which obviously involved non-state actors.
Thus, when the US administration applies such a doctrine to Iraq, it becomes only rational that the same can be applied to three American citizens in Virgina - the justification remains the same. Add to this the unconstitutional holding of Jose Padilla, u have a pretty dangerous prospect.
Interestingly, this case involved India and Kashmir problem too.
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