So my own suspicion is that the attorney has stopped this prosecution because part of her defence was to question legality and that would have brought his advice into the public domain again and there was something fishy about the way in which he said war was legal.
Again in Wag the Dog war has to be declared by an act of congress. But if you go to war you don't have to declare war. You're just at war and we did that which is not legal.
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Strictly speaking my interest is not in legal rights for animals but in a change of heart towards animals.