just seeing 'TN and farmers' tweet in cache ~ when going to RT it has gone by way of DJT deleted tweets ~ what's going on in TN?
>https://www.oyez.org/cases/1850-1900/71us2
checking out now ~ thanks ~ POTUS doesn't tweet/delete without a reason!
PETITIONER Lambdin P. Milligan et al. vs RESPONDENT United States
LOCATION Military Commission at United States Court House in Indianapolis
CITATION
71 US 2 (1866)
ARGUED
Mar 5 - 13, 1866
DECIDED
Apr 3, 1866
ADVOCATES
Jeremiah S. Black
for Milligan
David Dudley Field
for Milligan
James A. Garfield
for Milligan
Benjamin F. Butler
for the United States
Facts of the case
Lambden P. Milligan was sentenced to death by a military commission in Indiana during the Civil War for engaging in acts of disloyalty. Milligan sought release through habeas corpus from a federal court.
Question
Does a civil court have jurisdiction over a military tribunal?
Writing for the Court, Justice David Davis held that trials of civilians by presidentially created military commissions are unconstitutional. Specifically, it is unconstitutional to try civilians by military tribunals unless there is no civilian court available. The military commission therefore did not have jurisdiction to try and sentence Milligan, and he was entitled to discharge.