It looks like you're using an Ad Blocker.
Please white-list or disable AboveTopSecret.com in your ad-blocking tool.
Thank you.
Some features of ATS will be disabled while you continue to use an ad-blocker.
originally posted by: IAMTAT
I would ask our advanced friend to give us all a clue to what to expect next.
PITTSBURGH — UPDATE 10:53 p.m.: Pittsburgh police said they are now investigating another report of an explosion in the 200 block of Dinwiddie Street in the Hill District.
They said it happened at around 10:30 p.m.
Absent a declaration of martial law, United States civilians cannot be prosecuted under a system of military law (Reid v. Covert, 354 U.S. 1) (1957) (holding unconstitutional the trial by military court of a civilian woman for murdering her husband in the military).
originally posted by: PokeyJoe
a reply to: All Seeing Eye
So, from what I can tell - and people, PLEASE correct me if I am wrong here - Civilians cannot be tried under the UCMJ (read: military tribunals) UNLESS the President declares Martial Law - then the UCMJ becomes the law of the land.
Absent a declaration of martial law, United States civilians cannot be prosecuted under a system of military law (Reid v. Covert, 354 U.S. 1) (1957) (holding unconstitutional the trial by military court of a civilian woman for murdering her husband in the military).
The US Admiralty Courts exist because the US is still under Martial Law from the 1860s
Military Power in Law Enforcement: The Posse Comitatus
“Whenever the President considers that unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States, make it impracticable to enforce the laws of the United States in any State or Territory by the ordinary course of judicial proceedings, he may call into Federal service such of the militia of any State, and use such of the armed forces, as he considers necessary to enforce those laws or to suppress the rebellion.”
“The President, by using the militia or the armed forces, or both . . . shall take such measures as he considers necessary to suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy, if it—(1) so hinders the execution of the laws of that State, and of the United States within the State, that any part or class of its people is deprived of a right, privilege, immunity, or protection named in the Constitution and secured by law . . .
Preventive Martial Law
“. . . When it comes to a decision by the head of the State upon a matter involving its life, the ordinary rights of individuals must yield to what he deems the necessities of the moment. Public danger warrants the substitution of executive process for judicial process.”
originally posted by: PokeyJoe
a reply to: MetalThunder
OK...but the fact remains that Martial Law must be implemented in order for the Military Tribunals to happen, right? I supposed considering we are technically still at War, all these people could be tried as unlawful enemy military combatants? Something along those lines?
originally posted by: PokeyJoe
a reply to: MetalThunder
OK...but the fact remains that Martial Law must be implemented in order for the Military Tribunals to happen, right? I supposed considering we are technically still at War, all these people could be tried as unlawful enemy military combatants? Something along those lines?
Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States.
(June 25, 1948, ch. 645, 62 Stat. 807; Pub. L. 103–322, title XXXIII, § 330016(2)(J), Sept. 13, 1994, 108 Stat. 2148.)
Tomoya Kawakita appeals from a judgment of conviction and a sentence of death imposed after a United States District Court jury returned a verdict finding him guilty of treason against the United States of America.