[lentulusgracchus]

Lincoln acted in a crisis and his warpowers were upheld by the Supreme Court.

Hitler acted in a crisis, too -- think that washes him of burning the Reichstag?

[nolu chan]

Lincoln's purported power to authorize military officers to suspend the privilege of the writ of habeas corpus was never upheld by the Supreme Court.

The invokation to the contrary is lacking any quote of the Supreme Court doing any such thing.