Would stopping Jones and confiscating the Qurans violate Jones’ First Amendment rights? Perhaps. And perhaps not. But if Eric Holder cannot find a charge against Davis, or an inherent power of a war president to prevent actions imminently damaging to the war effort, Obama should find some Justice Department attorneys who can.
Let the ACLU make the case that interfering with Davis’ bonfire violates his First Amendment rights. Let a U.S. court decide whether Obama has the power to take a decision previous wartime presidents would have taken without hesitation.
And if Obama does not have the power to stop actions like this, imperiling our troops, then we should get out of this war.