Ex Parte Milligan
Posted in Public Affairs, Terrorism, war, wordpress, Politics, disclosure, ethics, United States, Law, Justice, Opinion, Legislation, Supreme Court on August 18th, 2010 by Stanford Matthews
While reviewing some documents on the four American presidents who were assassinated at least one fact unknown to this blogger was revealed. I was reading about President Garfield because he was the one of the four about which my memory was the least clear. And it was the initial reason for conducting the search.
The senseless act of violence known as assassination defined as the murder of a public figure not only reminds us of how depraved humans can be but how senseless the perpetrator is.
Were it not for this despicable act the setting described above suggests a pleasant situation not likely a regular routine during anyone’s presidency. Further reading provided a glimpse of how history and the lives of presidents dramatically impact a nation and its citizens. And occasionally how they impact those who are not citizens.
President Lincoln has been criticized by some for his suspension of habeas corpus. Before James A. Garfield was president he was involved in Ex Parte Milligan as described in the preceding paragraph. And of course Presidents George Bush (43) and Barack Obama have been in the center of the controversy over those held at the military facility at Guantanamo Bay, Gitmo, and whether the trials should be military tribunal or held in civilian court.
The first case to be tried in civilian court is presently being determined. Which causes this blogger to present the following excerpt from Ex Parte Milligan. It has to do with the notion of Lincoln suspending habeas corpus as viewed by the Supreme Court in 1866.
This blogger by no means suggests any personal expertise in matters of law. But the passage above seems to indicate the court agreed on Lincoln’s right to suspend habeas corpus. That would seem to indicate a current suspension would be valid also. And in much of the content of the court’s opinion in Ex Parte Milligan there seems to be a recurring theme.
The rights and rule of law are being considered in terms of citizens. That is to say it seems the discussion centers around the rights of citizens and not non-citizens. It seems to me that those confined at Gitmo are seeking their ‘liberty’ by a process not afforded them under US law. And that those who support their ‘civilian’ day in court are co-conspirators.
That’s just my humble opinion.
Stanford Matthews
MoreWhat.com

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