The ACLU's lawsuit on behalf of Anwar Al-Awlaki, a terrorist leader operating in the field, moves beyond protecting captured terrorists, and toward protecting active terrorists on the battlefield. It's the equivalent of that jeep pulling up during the Battle of the Bulge with a stop firing order. The ACLU and its allied organizations have always hidden behind the argument that they were protecting the rights of defendants in the court system. But there is no court system here. Al-Awlaki is not in US custody. He's conducting a terrorist campaign of attacks that includes the Fort Hood Massacre and the attempted Christmas Day bombing of Northwest Flight 253. What the ACLU is doing is arguing that the United States cannot kill Al-Awlaki on the battlefield, even though he's trying to kill Americans.