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January 09, 2015


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Al Brophy

Eric, all very interesting. I wish I were better informed on the nature of the issues here. I wonder how much the Court focused on invasion (as opposed to sabotage). When I had Herbert Wechsler for federal courts around 1989 I remember him sort of casually remarking that there was controversy over the morality of Korematsu, but that he believed at the time that internment was necessary to protect against sabotage and that he still believed it may have helped protect us. For there were, in fact, no internal attacks. I wasn't too knowledgable about this issue, but I remember thinking that was a bold defense of something that pretty much everyone believed, at least with the benefit of hindsight, was wrong. (at least that's how I remember it 25+ years on)

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