Interesting Wiki article. This excerpt below implies an inverse reasoning:
Critics of the Civil War military tribunals charged that they had become a political weapon, for which the accused had no legal recourse to the regularly constituted courts, and no recourse whatsoever except through an appeal to the President. The U.S. Supreme Court agreed, and unanimously ruled that military tribunals used to try civilians in any jurisdiction where the civil courts were functioning were unconstitutional, with its decision in Ex parte Milligan (1866).
The inverse reasoning would be: If the civil courts are not functioning, then military tribunals would be the reasonable alternative means to achieve justice. <<< We are here.
:: If the civil courts are not functioning, then military tribunals would be the reasonable alternative means to achieve justice. <<< We are here. ::
I think we \might\ be able to look at a narrow focus, also.
Namely, the Federal Jury Courts [Criminal and Grand] in and around Washington DC may be the target to show inept.
Specifically, show that the courts are manipulated by and thus protecting the Capitol proper.
Washington DC is a creation of Congress, but not quite.
The city grew up around ther Capitol and was given home ruel.
Yet, the Capitol proper is not part of the city.
Note that the Metropolitan Police currently have no authority in the Capitol...only the Capitol Police have such.
Looking at today, we see that the Capitol has hunkered down behind a fence and uses the Capitol Police as their own protective force.
Do the courts have jurisdiction over that tiny conclave or is there claim to Separation of Powers?
Has Congress become an un assailable entity, working inside the fence.
Can the 4th Circuit be shown to be inept and dysfuncional?
Can a focused argument be made in regards to the military holding Courts Martial in the Capitol (within the fence) because the 4th Circuit no longer functions as a proper court?
Future proves the past.