@Jmm99:

I reat between teh lines that Ackerman was concerned about
* is this working as intended?
and
* can we be satisfied with how it's working?
and came to the conclusion no/no.

It's not merely a legal thing (courts in wartime and legal counsels of an administration aren't even close to perfect anyway), but a thing of organising how the state/government is being run.

To accept that the chief of the executive branch delegates the power to kill dissidents to some mid-level bureaucrats is not an idea that comforts him.


It's in tradition of the expansion/assuming of executive powers that was very visible during Nixon and GWB administrations, even during the Clinton administration, and that does not seem to be a popular tradition.
In other words; it's the road to authoritarian governance.