What would the criteria be? Where would they draw from?
INtersting:
But the condemned men appealed their case, called Ex Parte Milligan to the Supreme Court, which decided after the war had ended, in 1866, that civilians could not be tried by a military tribunal if the civil courts were open and functioning.
State of War?
But the Supreme Court, in the case Ex Parte Quirin, said despite these arguments, the men could be tried and sentenced to death by a military tribunal. "The Supreme Court is deferential to the executive branch in wartime," Belknap said. The Milligan case is one of several the court has handed down after a war is safely over in which they articulate libertarian principles, but rarely do that while a war is going on," he said.
Comey Mueller
CM
CheckMate
Schumer arrested, tried, and sentenced to death during shutdown? Maybe a threat?