PROF. KENNETH ANDERSON: Suppose John Brennan Had Simply Repeated Harold Koh? “The NGOs and advocates and academics have an instinctive sense for exploitable weakness and go after it. Brennan (as well as later spokespeople, including Holder) was not direct in stating that of course it was legal to target OBL, legal to target with lethal force, legal to target without warning or invitation to surrender, and that has always been the US legal position. I don’t understand how this entirely obvious question wasn’t briefed and anticipated, with an answer directly from Harold Koh’s 2010 American Society of International Law address on exactly this point.”
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