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I have I am Justice active and attack.  My opponent blocks and plays The Rabsaris Attacks.  I choose to discard the top five cards of my deck.  I then ignore the blocking evil character and win the battle.  Can I then use I am Justice to discard the blocking evil character?

Obviously it doesn't work in the sense that the rescuing hero wasn't actually discarded due to the instead effect, but if 1 of the 5 cards discarded from your deck was a hero, wouldn't it still trigger? "Your hero" was discarded "this battle", so I would think it would.

I Am Justice (AW)
Type: Covenant • Brigade: Silver • Ability: 5 / 2 • Class: None • Special Ability: If an Evil Character discards your Hero this battle, you may discard that Evil Character at the end of the turn. Limit two discards per game. • Identifiers: OT, Involves Music • Verse: Psalms 119:137 • Availability: Angel Wars booster packs (Rare)

The question in this case seems to more be:

Does a card retain its characteristics in deck as a hero, enhancement, site, etc in deck?

to which the answer is clearly yes (or else Gabe (WA/KI) would be worthless). Since he is a hero in deck, a discarded form deck hero would satisfy I am Justice.