“Imagine Ma Barker’s gang or a gang of John Dillingers who unilaterally declare ‘war’ against the U.S. Would the U.S. in turn declare war against them? Metaphorically it might, in order to show a steely determination to capture and stop them. But does their declaration by itself entitle the U.S. to kill them without an attempt to capture them and place them on trial? Certainly not. Lynching is summary execution. No government can be trusted with the power of summarily killing someone, even if that person has ‘declared war’ on that government. Such a power is too easy to extend and expand and inflict upon the innocent.”
http://www.lewrockwell.com/blog/lewrw/archives/133568.html
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