Roger’s Rules

By Roger Kimball

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One less “honest and vigilant Muslim” on the loose

March 7, 2010 - 12:02 pm - by Roger Kimball
Ilan Ben Menachem
2010-03-11 10:08:47

The some American civilians have been tried by military tribunal. The trial of the eight Booth conspirators is a famous example. The court was criticized at the time as unconstitutional, but Attorney-General James Speed defended it as proper since Washington has been under martial law at the time of the assassination. The 1866 Ex parte Milligan decision of the SCOTUS banned the use military tribunals in places where civil courts were operational.