[nolu chan]

[cr] was arguably covered under the laws of war at the time he was apprehended. Milligan was a civilian; Merryman was not.

Not even arguably, so it was not argued.

2. That a military officer has no right to arrest and detain a person not subject to the rules and articles of war, for an offence against the law of the United States, except in aid of the judicial authority, and subject to its control; and if the party be arrested by the military, it is the duty of the officer to deliver him over immediately to the civil authority, to be dealt with according to law.

Ex Parte Merryman

[capitan_refugio]

Circular logic again. Was Merryman an officer in an anti-Union, insurrectionist military unit, during time of war? The answer is quite obviously, "yes." Did the dishonest Taney ignore that fact. The answer is again, "yes."

The were no arguments in Merryman at all. The dishonest Taney saw to that, and the dishonest coward misrepresents the case.