Can the Supreme Court over rule Military Courts? If they can then the recent refusal to look at election cases means they hold the Trump card and is scary to imagine.
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Nope! There is a reason the SC denied legal action. Let the Military tribunals begin!
The issue is the judges that serve this need dont look to be patriots at all. The majority are bush/Obama appointees
These guys: https://www.armfor.uscourts.gov/newcaaf/home.htm
Good to see you old Goat.
A military tribunal under martial law has no appeal process. The constitution is suspended under such circumstances (martial law means the suspension of civil authority and implementation of martial authority).
The normal (non-wartime) martial court has nothing to do with martial law. It is a military court where the defendant is a person in the military. In such a court there is an appeal path to SCOTUS.
A military tribunal is a martial authority court. The defendant in such a court is considered an enemy of the state, i.e. an enemy of the constitution, The defendant can be a civilian or otherwise. There is no appeal to that court.
No lawyer but from a quick search what I came up with is SCOTUS can inject themselves in the appeal process from the military court of appeals. Years after 9/11 dems were making a fuss about how the terrorists were being treated and SCOTUS stuck their nose in and bush ended up making the Military Commissions Act of 2006. still looking into that. here is the link https://billofrightsinstitute.org/e-lessons/george-w-bush-and-the-military-tribunals. The thing is since SCOTUS will be apart of this crime It will be a conflict of interest and uncharted territory from what I have seen.
deport