In insisting on using the Civil War cases as precedent for current military commissions, the government refuses to acknowledge that we were then under martial law and by applying these cases today as precedent, we effectively recreate a martial law regime in the present day. Those who were tried then included even northern citizens who expressed sentiments “embarrassing to the government,” as stated in the government’s filings.

 

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• Updated September 30, 2013, 8:44 p.m. ET

Court Reviews Gitmo Ruling

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