The military courts can arrest, bring evidence, hold trials and decide guilt or innocence. BUT any defendant judged guilty can appeal to SCOTUS, those same people who wouldn’t hear any of the election cases.
I wonder if they would then show the same level of disinterest and wash their hands of it especially if the big name traitors are convicted? Or will they suddenly have an uncharacteristic curiosity and concern about the rule of law? If that happens, look out and pray. They could prove to be the ultimate heroes or villains in this movie of movies. https://www.armfor.uscourts.gov/newcaaf/home.htm
Hat tip to Blacksmith 21 for the link
Who has the sole power to declare war? POTUS might claim we're in a war but unless Congress declares it, a state of war doesn't exist. POTUS can claim a state of emergency but that has limitations. Martial Law does not cut out the Supreme Court from inserting itself, especially in cases where the civilian courts, including but not limited to the Supreme court are operable. Since Martial Law and the elimination of Habeas Corpus is so rare, the situations surrounding its use would be challenged and most likely taken up by the Supreme Court.
If 2020 had taught us anything it's that the unthinkable can and will happen. We have this white hat opinion of the Military but consider the Generals who were part of Trump's administration and were dismissed. Mcmaster, Kelly, Mattis all turned on Trump, all spoke ill of him in private and to the press. Conduct unbecoming and yet were any brought up on charges? Asking the military to step in under a state of emergency, make hundreds of arrests and to hold trials and executions is becoming a fantasy. We would all like to see that but neither Trump nor the military want to be seen as participating in a coup regardless of how evident the election was stolen. That's why Trump is making plans to support MAGA candidates in 2022 and run again for President in 2024.
It's becoming more and more evident that Biden has limited capacity for anything. It's a problem and I think the military is treating Biden much differently than they would a true sitting president. BUT, if something occurs that would trigger Martial Law, I seriously doubt the military will swoop down, make arrests and start executing non-military people without SCOTUS becoming involved.
In DC right now there exists a state of emergency. FEMA has full legal authority under such conditions to suspend the constitution (i.e. declare martial law). I am not saying that's the play, but it is legal and currently active.
Any other path to martial law would be considered a coup, but it is also a viable path and SCOTUS can say nothing. Well, they can complain all they want, but a coup is a coup and military control is absolute unless and until We The People fight them.
The most important point is that such a coup would still be constitutional, as the military swears to uphold the constitution, not the President. I.e. if they have evidence that suggests the President is acting against the constitution, that it meets some threshold of proof, and the rest of the system has failed to constitutionally resolve the issue, they are constitutionally bound to declare martial law and suspend the authority of the unconstitutional government until the constitutional crisis is resolved.
Our constitution is really difficult to subvert. Its probably the greatest document ever written by humankind.
show me case law that supports your assertion.
Which part?
FEMA's powers under conditions of a State of Emergency (as exists right now in DC) have been well known for a few years now. If you look it up, the information is everywhere. Here is a random link. I haven't read it so it may not be the best source, but look further if you wish.
Every oath, no matter the branch of service or rank begins this way. Some further swear to obey the President (depending on rank and branch) but in an oath the order is of primary importance. If you can't fulfill the whole oath (e.g. your oath to the Constitution and the President cannot both be followed simultaneously) your oath to the first listed wins. In all cases this is the Constitution of the United States. There is also no time limit in the oath. This is an oath for life.
Any other law is irrelevant, because the Constitution IS the law. If the President acts contrary to the Constitution (for example, by stealing an election) then any oaths to that president are null and void. The oath to the constitution must be followed.
Every member of the military is oath bound to uphold the constitution against enemies foreign and domestic. A President that has been proven to break his oath to the constitution is a domestic enemy (although in Biden's case, given the fact that DC is a foreign city-state he might be a foreign enemy?). If the rest of the systems put in place by the Constitution fail to bring this domestic enemy to justice, the military has no other path to uphold their oath than to take control of the government.