Jonathan Hafetz and David Cole were on the brief for amicus curiae Japanese American Citizens League, et al. in support of petitioner.
John F. De Pue , Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief were Lisa O. Monaco , Assistant Attorney General for National Security, Jeffrey M. Smith , Attorney, Edward S. White , Captain, JAGC, U.S. Navy Appellate Counsel, and Francis A. Gilligan , Appellate Counsel, Office of the Prosecutor for Military Commissions.
Concurring Opinion filed by Senior Circuit Judge GINSBURG.
United States Court of Appeals, District of Columbia Circuit.
KAVANAUGH, Circuit Judge:
The United States is at war against al Qaeda, an international terrorist organization. Al Qaeda's stated goals are, among other things, to drive the United States from posts in the Middle East, to devastate the State of Israel, and to help establish radical Islamic control over the Greater Middle East. Al Qaeda uses terror to advance its broad objectives. Al Qaeda terrorists do not wear uniforms, and they target American civilians and members...
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