Just a note to say how grateful I am for the many emails in response to my post yesterday, some of which have indeed made me rethink parts of my argument. I am also grateful for Glenn's response, which you can and should read here. I'm not ducking the factual, legal, moral or political objections made by you and Glenn – I just want to mull them over, read some more, get a little rest and respond on Monday (when alas I will also be traveling), when they will have a wider audience. It says something about the blogosphere that waiting a couple of days to respond to such deep and complex waters requires an apology. But there you are. Be patient with me, please.
Again, thank you. As readers know, I respect Glenn's work deeply and regard him as a friend. With any luck this dialogue will help flesh out some of the difficult issues we have to grapple with. As always, I hope posts like his and mine and his again are the start of a conversation and debate, not an end to either. I also recommend Barry Eisler's rebuttal here; and Scott Horton's piece here.