One potentially decisive battle of the Afghan counterinsurgency will take place early next year—not in country, but in a courtroom in Washington. That, at least, is the view of attorney David Rivkin, who believes that a pending decision by the U.S. Circuit Court of Appeals for the District of Columbia could have devastating repercussions for coalition forces in Afghanistan. Rivkin coauthored an amicus brief on behalf of the Special Forces Assn., U.S. Army Ranger Assn., two U.S. senators ...

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