I was one of the people doing the research on this, and posted relevant source material in the Q threads.
I’m not a legal expert either, but that was absolutely one of the criteria.
Yes, you are correct. The case law came out of the Civil War when Abraham Lincoln tried to use military tribunals for all sorts of things, and eventually the Supreme Court struck him down saying that it was inappropriate to try civilians in military courts while the civil courts were functioning, which they were, at least in the North.
The other exception is when the people being tried are "enemy combatants", as in the case of several German spies in WW2, who were caught, tried in military tribunals and executed. This was also held to be a legitimate use of military tribunals.
These were the cases that Lindsey brought up in his questioning of Justice Kavanaugh that resulted in the fun sound bite.
The two other main uses of military tribunals are to try American military people for crimes (IE: court martial) and to try foreign military for crimes.
The Nuremberg Tribunals were run as military tribunals, not as civilian courts. All of the judges were military officers, not civilian judges. They were not American, they were international, but they are the probably still the most famous military trials in history.
The Trump administration is going to begin the trial of Kahlid Sheik Mohammed (KSM) the so-called "Mastermind of 9/11" in a Military Tribunal next month.
Add that to the "Winning" list of Trump accomplishments. Obama did nothing to get these tribunals going in his eight years in office.
Sadly, it appears that military tribunals in our system are just as slow or slower than civilian courts. The Ft. Hood shooter, Nidal Hasan, is still alive. Nov 5, 2009 was the date of the crime.
Trial and conviction Aug, 2013. He was given the death sentence at his trial.
So ten years after the crime and he's still relaxing in jail.
It wasn't a 'military tribunal' that tried that pos, just a regular GCM. 0 gets the credit that he still lives.
I was one who researched tribunals for non-military. for those of you skimming past Jaqui Noir’s posts (I’m one) the answer is yes, it can be done, if the regular courts are not safe for the people.
Dang, I know I spoke against some posters using different colored fonts, but for Soi Boi, I wish he would!
I was one who researched tribunals for non-military. for those of you skimming past Jaqui Noir’s posts (I’m one) the answer is yes, it can be done, if the regular courts are not safe for the people.
Dang, I know I spoke against some posters using different colored fonts, but for Soi Boi, I wish he would!