http://www.concurringopinions.com/archives/2009/12/anwar-awlaki-and-the-power-of-arrest.html The Law, the Universe, and Everything Tue, 14 Feb 2012 14:29:40 +0000 hourly 1 http://wordpress.org/?v=3.2.1 http://www.concurringopinions.com/archives/2009/12/anwar-awlaki-and-the-power-of-arrest.html/comment-page-1#comment-66855 Jake Tue, 29 Dec 2009 01:04:07 +0000 http://www.concurringopinions.com/?p=23424#comment-66855 Even better, put Awlaki or one of his obscene disciples on a planeload of lawprofs and let them blow it up. That might open a few eyes among the law professoriate, despite the overwhelming odds to the contrary. Even better, put Awlaki or one of his obscene disciples on a planeload of lawprofs and let them blow it up. That might open a few eyes among the law professoriate, despite the overwhelming odds to the contrary.

]]> http://www.concurringopinions.com/archives/2009/12/anwar-awlaki-and-the-power-of-arrest.html/comment-page-1#comment-66836 James Grimmelmann Sun, 27 Dec 2009 15:07:51 +0000 http://www.concurringopinions.com/?p=23424#comment-66836 Perhaps the agents who arrested Awlaki at JFK should have checked that they had a valid warrant <i>before</i> they grabbed him. Perhaps the agents who arrested Awlaki at JFK should have checked that they had a valid warrant before they grabbed him.

]]> http://www.concurringopinions.com/archives/2009/12/anwar-awlaki-and-the-power-of-arrest.html/comment-page-1#comment-66835 george cotz Sun, 27 Dec 2009 12:41:55 +0000 http://www.concurringopinions.com/?p=23424#comment-66835 I applaud this AUSA with integrity and a respect for the Constitution; lately, I have read about too many who seemed to believe that the means justified the ends. If all that prosecutors and the FBI knew about him was that he had talked to people who later did terrible things--nothing more-- there was clearly no probable cause. The principle upheld by the AUSA was far more important than whatever shreds of evidence about criminal activity the FBI might have obtained. I applaud this AUSA with integrity and a respect for the Constitution; lately, I have read about too many who seemed to believe that the means justified the ends. If all that prosecutors and the FBI knew about him was that he had talked to people who later did terrible things–nothing more– there was clearly no probable cause. The principle upheld by the AUSA was far more important than whatever shreds of evidence about criminal activity the FBI might have obtained.

]]> http://www.concurringopinions.com/archives/2009/12/anwar-awlaki-and-the-power-of-arrest.html/comment-page-1#comment-66834 Jack Sun, 27 Dec 2009 07:47:08 +0000 http://www.concurringopinions.com/?p=23424#comment-66834 I would have let the arrest warrant stand, based on the reasonable possibility that the correction of the false statement was itself part of the pattern of criminal activity. I would have let the arrest warrant stand, based on the reasonable possibility that the correction of the false statement was itself part of the pattern of criminal activity.

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