Do we know Law of War section that talks about this? I need to file "Notice of Liability" to several corrupt judges and state officials. This is intended to strip them of the "No Intent" defense for upcoming criminal complaint, but I'd like to include some language regarding a future Military Tribunal as well.
I have a copy of the Law of War manual, so looking through it for some more sauce.
Law of war is a separate issue. That would be it civilians were to be tried as “illegal combatants” by the military. Which is definitely possible. But in such a case they are no longer considered civilians. It would be in the sections about enemy combatants.
We clearly are in a state of war, but you are saying that a declaration of the "occupiers" declaring war on the citizens is another level where enemy combatants could be put up for sealed indictment and Military Tribunal under Law of War? Any idea how to send info to the Jags to add a state official to the sealed indictment list for Constitutional violations?
Per your post you are saying undeclared war (even if we are in one), but martial law automatically is active when Civil Gov't courts cease to function, shifting all civil court jurisdiction to UCMJ jurisdiction under the Military Courts? Interesting if this includes Federal Courts (Const/common law jurisdiction) as well as ALL STATE COURTS (CORP) [UCC/Corp law jurisdiction]
Yes we are clearly in a state of war. I am saying there are at least two ways that civilians could be tried by the military. One would be as enemy combatants providing aid to the enemy, illegal combatants, for war crimes. The other would be under a scenario of both martial law AND non-functioning civil courts. Martial law alone is not enough to legally allow military to try civilians, at least from my research. See Ex parte Milligan:
Military commissions organized during the late civil war, in a State not invaded and not engaged in rebellion, in which the Federal courts were open, and in the proper and unobstructed exercise of their judicial functions, had no jurisdiction to try, convict, or sentence for any criminal offence, a citizen who was neither a resident of a rebellious State nor a prisoner of war, nor a person in the military or naval service. And Congress could not invest them with any such power.
ty. Good stuff. As far as enforcement mechanism there appear to be 3 options:
Functioning Federal civil court - Federal marshals
Corrupt Federal civil court - Legal militia deputized by Const Sheriff or just Sheriff (in case of 9th/10th Amendment invoked by Sheriff or individual who's Constitutional Rights have been violated); i.e. reclaim of delegated authority to the Federal Gov't back to the state or individual due to "waiver of delegated authority by Fed Gov't of powers" by not enforcing Constitution.
Non-functioning Fed Civil Court/martial law/state of war - US Military units (special ops/MPs, national guard, or US army?); unclear which unit(s) exactly supports JAG lawyers to enforce their court orders.
Do we know Law of War section that talks about this? I need to file "Notice of Liability" to several corrupt judges and state officials. This is intended to strip them of the "No Intent" defense for upcoming criminal complaint, but I'd like to include some language regarding a future Military Tribunal as well.
I have a copy of the Law of War manual, so looking through it for some more sauce.
Probably sections 11.3 and 11.4
Law of war is a separate issue. That would be it civilians were to be tried as “illegal combatants” by the military. Which is definitely possible. But in such a case they are no longer considered civilians. It would be in the sections about enemy combatants.
We clearly are in a state of war, but you are saying that a declaration of the "occupiers" declaring war on the citizens is another level where enemy combatants could be put up for sealed indictment and Military Tribunal under Law of War? Any idea how to send info to the Jags to add a state official to the sealed indictment list for Constitutional violations?
Per your post you are saying undeclared war (even if we are in one), but martial law automatically is active when Civil Gov't courts cease to function, shifting all civil court jurisdiction to UCMJ jurisdiction under the Military Courts? Interesting if this includes Federal Courts (Const/common law jurisdiction) as well as ALL STATE COURTS (CORP) [UCC/Corp law jurisdiction]
10 USC Ch. 47: UNIFORM CODE OF MILITARY JUSTICE: https://uscode.house.gov/view.xhtml?path=%2Fprelim%40title10%2FsubtitleA%2Fpart2%2Fchapter47&edition=prelim
Yes we are clearly in a state of war. I am saying there are at least two ways that civilians could be tried by the military. One would be as enemy combatants providing aid to the enemy, illegal combatants, for war crimes. The other would be under a scenario of both martial law AND non-functioning civil courts. Martial law alone is not enough to legally allow military to try civilians, at least from my research. See Ex parte Milligan:
ty. Good stuff. As far as enforcement mechanism there appear to be 3 options:
Functioning Federal civil court - Federal marshals
Corrupt Federal civil court - Legal militia deputized by Const Sheriff or just Sheriff (in case of 9th/10th Amendment invoked by Sheriff or individual who's Constitutional Rights have been violated); i.e. reclaim of delegated authority to the Federal Gov't back to the state or individual due to "waiver of delegated authority by Fed Gov't of powers" by not enforcing Constitution.
Non-functioning Fed Civil Court/martial law/state of war - US Military units (special ops/MPs, national guard, or US army?); unclear which unit(s) exactly supports JAG lawyers to enforce their court orders.