Quick law of war thread: The use of an otherwise-civilian building for military purposes converts it into a military target. This is a basic aspect of the law of war. The blame for the attack on the target thus rests with the entity that converted it into a military target. /1
This was a constant problem for us in Iraq—particularly the use of mosques for military purposes. Al Qaeda would use the mosques to plan ops, they’d sometimes place snipers in mosques. Sometimes they’d trigger ambushes from mosques. /2
The goal was to create a win/win. If we used restraint, they had a safe haven. If we raided the location, they’d claim we were persecuting Islam and would try to use it as a recruiting tool. In response we’d often let Iraqi troops take the lead in mosque operations. /3
This is a constant problem fighting terrorists. They violate the law of war as a deliberate tactic, HOPING to trigger exactly the kinds of media reactions we see when the IDF brings down a “civilian” structure. They’re achieving the win/win that’s the goal of the tactic. /4
If the IDF leaves the structure alone, Hamas has a military advantage. If the IDF brings the structure down, Hamas has a propaganda advantage. If reporters however report the real game, they blunt the propaganda advantage and restore the intent of the law of war, which is ... /5
to place the burden of combat on the combatants, and to remove it from civilians as much as possible. Thus the responsibility for violating the laws of war must rest with the violator only. Otherwise the system breaks down. /6
But what happens if the IDF (or U.S. military) is wrong? What if an armed force makes a mistake? If it’s a true mistake, there should be restitution (we made restitution payments in Iraq). If the violation is deliberate, there should be restitution and prosecution. /7
There are reporters who know these distinctions and don’t care, but there are many who don’t know the law of war at all. It’s important that reporters who report from combat zones be trained in these concepts (and pundits learn them before they provide analysis). /end.

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More from @DavidAFrench

29 Apr
There's lots of confusion about the Angry Cheerleader (A.C.) case argued yesterday. It echoes the 1A confusion you often see on this site.

Does the fact that A.C. doesn't have a "right" to be a cheerleader mean discipline for off-campus speech is appropriate? No. Here's why: /1
Even if a student doesn't have a right to play sports or to participate in any selective extracurricular activity, they still may not be denied access to the activity for unlawful reasons. Easy example, you can't say cheer is for "whites only." /2
Or to take an easier free speech example than A.C.'s profane outburst. Would you see the case the same way if A.C. filmed herself at a Trump rally or wearing Biden swag? The state can't say cheer is for red or blue only. /3
Read 4 tweets
9 Apr
A short thread--if you've litigated/defended the First Amendment for any length of time, you know that there is always an issue ("emergency") of the day that puts creative minds to work trying to figure out ways to grant gov. more power over speech/expression. /1
The creative minds who sought to support/defend university speech codes tried hard to extend the definitions of "fighting words" or the scope of anti-harassment regulations to ban subjectively-defined "hate speech." They largely failed. /2
The drug war, which has exacted a huge cost in civil liberties, has also deeply impacted the First Amendment. Does Employment Division v. Smith come out the same way if it's not dealing with Peyote? Is Morse v. Frederick decided the same way without a reference to marijuana? /3
Read 5 tweets
6 Apr
Last week @NancyAFrench and I published a comprehensive report detailing how a huge Christian camp enabled a superpredator named Pete Newman. This week, I describe how it tried to silence a victim who wanted to tell his story (thread): frenchpress.thedispatch.com/p/kanakuk-kamp…
The camp claims it has worked cooperatively with the "overwhelming majority" of victims. But that qualification is important. When one victim (and family) balked at signing a non-disparagement agreement. They received a legal threat (/2): Image
When the parties still failed to agree on the terms of a non-disparagement agreement, the camp twice sought a court order to force them to sign. It even sought to fine the family more than $26,000. The camp failed (/3): Image
Read 11 tweets
24 Mar
How Sidney Powell's legal team just clowned a huge chunk of right-wing media, a thread. /1
If you're Powell's lawyers, you've got a huge challenge. You have a client who spent weeks stating provable falsehoods that were amplified and spread to millions of Americans through some of America's most popular outlets for news and commentary. Not great. /2
You can't admit to the lie. That would essentially admit "actual malice." So, what are you left with? Let's call it the "obviously crazy claim defense." In other words, her claims might LOOK like factual assertions, but they're so over-the-top they're really something else. /3
Read 8 tweets
24 Mar
I truly appreciated Justin's piece. These are hard, complicated questions, and the more thoughtful voices engage, the better. I respect Justin a ton and always consider his arguments carefully. I've got a short response. /1
Justin asks, "What is the connection between the killer and toxic purity theology and culture?" I described toxic purity theology as having two characteristics: 1) It treats sexual sin as defining; and 2) places a burden on women to protect men from their own desires. /2
What about the killer? According to the available evidence, he 1) believed his sexual sin threatened his salvation; and 2) he needed to eliminate female temptation. In other words, the connection between the killer and the theology was his own reported words. /3
Read 8 tweets
2 Mar
Sadly, @TuckerCarlson frequently misleads his audience. Tonight is no exception. He lied about me, and it's worth exposing how. He starts at the 5:24 mark in the clip below. Apart from the various personal insults, he accuses me of hypocrisy /1:
The basic case is that I'm a hypocrite for writing this article about Trump's Syria policy in 2018 while supporting Biden's strikes again Iranian-allied militias that had killed a Filipino contractor and wounded five Americans. Here's my 2018 piece: /2 nationalreview.com/2018/04/trump-…
Tucker of course counts on the fact that his audience trusts him. His audience trusts Tucker and his team to do their homework and tell the truth. Yet if they did their homework and told the truth, they'd say my position is clear and consistent, then and now: /3
Read 11 tweets

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