2 Responses to “Thank you for a New Marshall (Martial) in town?”
His presidential directive is illegal. Already been decided by the courts. Been there, done that.
On September 15, 1863, Lincoln imposed Congressionally-authorized martial law. The authorizing act allowed the President to suspend habeas corpus throughout the entire United States. Lincoln imposed the suspension on “prisoners of war, spies, or aiders and abettors of the enemy,” as well as on other classes of people, such as draft dodgers. The President’s proclamation was challenged in ex parte Milligan (71 US 2 [1866]). The Supreme Court ruled that Lincoln’s imposition of martial law (by way of suspension of habeas corpus) was unconstitutional.
Good & true post, Heywood Jablome! I’ll add a bit about the mechanics of Bush’s gutting of habeas corpus. The Detainee Treatment Act of 2005 (DTA) provides that no federal court may hear a petition made by an alien Guantanamo detainee asserting right to habeas corpus. This is laid out specifically in the Lindsey Graham Amendment which states that no one claimed by the Executive Branch to be an enemy combatant may seek any judicial review of the claim or the assertion. In other words, fantastically & absurdly, the Executive, Bush (& any president who follows him), has full dictatorial powers over persons who are not U.S. citizens – go here for further clarification:
Thus Milligan (71 US 2 [1866]) is construed by Bush, et al, to be moot on DTA, because Milligan in the Bush Mob’s construction applies only to citizens & DTA does not. Of course, Bush would not hesitate to break Milligan, & DTA is merely another artful legal dodge of the sort the Bush Mob invents in order to execute mob business without suffering consequences to The Mob or its bosses.
LEA KELLEY SAYING THANK YOU FOR... 
His presidential directive is illegal. Already been decided by the courts. Been there, done that.
On September 15, 1863, Lincoln imposed Congressionally-authorized martial law. The authorizing act allowed the President to suspend habeas corpus throughout the entire United States. Lincoln imposed the suspension on “prisoners of war, spies, or aiders and abettors of the enemy,” as well as on other classes of people, such as draft dodgers. The President’s proclamation was challenged in ex parte Milligan (71 US 2 [1866]). The Supreme Court ruled that Lincoln’s imposition of martial law (by way of suspension of habeas corpus) was unconstitutional.
Good & true post, Heywood Jablome! I’ll add a bit about the mechanics of Bush’s gutting of habeas corpus. The Detainee Treatment Act of 2005 (DTA) provides that no federal court may hear a petition made by an alien Guantanamo detainee asserting right to habeas corpus. This is laid out specifically in the Lindsey Graham Amendment which states that no one claimed by the Executive Branch to be an enemy combatant may seek any judicial review of the claim or the assertion. In other words, fantastically & absurdly, the Executive, Bush (& any president who follows him), has full dictatorial powers over persons who are not U.S. citizens – go here for further clarification:
http://ccrjustice.org/newsroom/press-releases/graham-amendment-passes%3A-habeas-corpus-gutted
Thus Milligan (71 US 2 [1866]) is construed by Bush, et al, to be moot on DTA, because Milligan in the Bush Mob’s construction applies only to citizens & DTA does not. Of course, Bush would not hesitate to break Milligan, & DTA is merely another artful legal dodge of the sort the Bush Mob invents in order to execute mob business without suffering consequences to The Mob or its bosses.