at least provides some judicial review.

If judicial review means anything, it is that judicial restraint does not allow everything.

Judicial review has been a part of our democracy in this constitutional government for over 200 years.

How do you get there from here? They haven't persuaded me that this is valid, ... You have to have a disruption of civil authority before the military can perform activities such as surveillance.

The real question is who is the independent prosecutor who is liberated to pursue these cases. There is no central prosecution office run by commanders. So you don't have a D.A. thinking, I'm going to follow this wherever it leads.

General Pace indicated that apparently the earlier investigations had not looked into whether negligent homicide had occurred, and that is exactly the first place that you would look in a case like this. It's quite baffling that it took this long to focus on that question.