“In each of these instances, there was general support for using the military to enforce domestic law. However, each instance involved the President calling forth the military only with the approval of Congress. The military acted to enforce civilian law, but did so in sup- port of the civilian law enforcement, and did not supplant or usurp civilian authority. Therefore, the early leaders of America both under- stood the dangers posed by using the military as a domestic enforcer“
My theory: SC upheld this operation/trials as an State Secret and the Congress WASN’T informed.
“In each of these instances, there was general support for using the military to enforce domestic law. However, each instance involved the President calling forth the military only with the approval of Congress. The military acted to enforce civilian law, but did so in sup- port of the civilian law enforcement, and did not supplant or usurp civilian authority. Therefore, the early leaders of America both under- stood the dangers posed by using the military as a domestic enforcer“