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The NDAA Is Worse Than We Thought

By       Message Jana Nestlerode     Permalink
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Court: Give me one.


Government: I'm not in a position to give one specific example.

  The Court then asked:   What does "directly supported' mean?


Government: We have not said anything about that in our brief.


Court: What do you think it means?

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Government: . . . Your Honor, we had focused so much on the phrase that was challenged by the plaintiffs, "substantial support' that I have not thought through exactly and we have not come to a position on what "direct support' and what that means.


The Court then asked: "Assume you were just an American citizen and you're reading the statute and you wanted to make sure you do not run afoul of it because you are a diligent U.S. citizen wanting to stay on the right side of -1021, and you read the phrase "directly supported'. What does that mean to you?"


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Government: Again it has to be taken in the context of armed conflict informed by the laws of war.


Court: That's fine. Tell me what that means?

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Professor of Criminal Justice

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