A civilian cannot be tried before a military tribunal if the civilian courts are functioning in the relevant district.
>Unless we are at war…
Negative. The original case was prosecuted during wartime:
Ex parte Milligan, 71 U.S. (4 Wall.) 2 (1866), was a landmark decision of the US Supreme Court that ruled the application of military tribunals to civilians when civil courts are still operating is unconstitutional. In this particular case, the Court was unwilling to give President Abraham Lincoln's administration the power of military commission jurisdiction, part of the administration's controversial plan to deal with Union dissenters during the American Civil War.
https://en.wikipedia.org/wiki/Ex_parte_Milligan
>Blessings to you anon
And to you. There is a Supreme Court case that determined the issue in 1866:
Ex parte Milligan, 71 U.S. (4 Wall.) 2 (1866), was a landmark decision of the US Supreme Court that ruled the application of military tribunals to civilians when civil courts are still operating is unconstitutional. In this particular case, the Court was unwilling to give President Abraham Lincoln's administration the power of military commission jurisdiction, part of the administration's controversial plan to deal with Union dissenters during the American Civil War.
https://en.wikipedia.org/wiki/Ex_parte_Milligan
>We are still in a declared state of war
Conceded and not in dispute. We were at war when Milligan was put before a tribunal in 1864 as well. The court ruled that as long as there are functioning civil courts civilians cannot be tried before a military tribunal. White Hats would have to prove the courts have been infiltrated or compromised, which is of course, a possibility.
"The landmark case stemmed from a trial by a military commission of Lambdin P. Milligan (for whom the case is named), Stephen Horsey, William A. Bowles, and Andrew Humphreys that convened at Indianapolis on October 21, 1864. The charges against the men included, among others, conspiracy against the U.S. government, offering aid and comfort to the Confederates, and inciting rebellion. On December 10, 1864, Milligan, Bowles, and Horsey were found guilty on all charges and sentenced to hang. Humphreys was found guilty and sentenced to hard labor for the remainder of the war. (The sentence for Humphreys was later modified, allowing his release; President Andrew Johnson commuted the sentences for Milligan, Bowles, and Horsey to life imprisonment.) On May 10, 1865, Milligan's legal counsel filed a petition in the Circuit Court of the United States for the District of Indiana at Indianapolis for a writ of habeas corpus, which called for a justification of Milligan's arrest. A similar petition was filed on behalf of Bowles and Horsey. The two judges who reviewed Milligan's petition disagreed about the issue of whether the U.S. Constitution prohibited civilians from being tried by a military commission and passed the case to the U.S. Supreme Court. The case was argued before the Court on March 5 and March 13, 1866; its decision was handed down on April 3, 1866."
>They will have a dynamical plan to do all by the book
Indeed, they do. Q asked us lots of questions early on about what circumstances were required for MI to take over investigations, etc.
My knowledge of Milligan, Quirin, and the relevant US Code goes back to those days.
God wins. o7
>it was clear that aiding enemies of the nation can be tried under military law.
It was established in Ex Parte Quirin that any unlawful combatant can be tried by military commission or tribunal. The issue then becomes the distinction between a US civilian and an unlawful combatant.