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Roberts ignores Lin's ultimatum
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Lin files a motion for Roberts to recuse himself, and attaches some highly sensitive evidence
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Roberts rejects the motion
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ACB (or maybe Kavanagh) sends a letter to the President outlining that there are serious irregularities in SCOTUS and declares that rule of law no longer exists
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Roberts is arrested and tried in a military tribunal.
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Potus may or may not declare martial law depending on how people react
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Ah, but civilians cannot be tried in military court UNLESS civilian courts are not functioning.
You have just described martial law exactly... congrats.
Under current states of emergency Acts and some XOs, if suspects are declared 'enemy combatants', they can (will) be tried in military tribunals:
"March in the guilty bastard".
It’s tricky. The supreme court has ruled that so long as civil courts are functioning, civilians cannot be tried by the military. (Ex parte Milligan, 71 U.S. (4 Wall.) 2 (1866))
https://en.m.wikipedia.org/wiki/Ex_parte_Milligan
There are some exceptions involving enemy combatants (both inside and outside of our boundaries) but doesn’t that mean some sort of war has to be declared?
This is particularly pertinent:
https://www.c-span.org/video/?c4747307/user-clip-sen-graham-asks-military-tribunals
1:51 on is especially worth a watch.
TY. I remember seeing that in real time. Good reminder.
https://www.c-span.org/video/?c4747307/user-clip-sen-graham-asks-military-tribunals
Which they are not that is what they have been showing us since November 03.