IF US CITIZENS CAN BE TRIED IN A MILITARY TRIBUNAL FOR ASSASSINATING A PRESIDENT, THEN FOREIGNERS CAPTURED OVERSEAS CAN BE TRIED FOR ATTACKING THE USA IN WHAT CONGRESS DETERMINED WAS AN ACT OF WAR IN THE SEPTEMBER 18TH 2001 AUMF.Order Establishing a Military Commission to Try the Lincoln Assassination Conspirators
& The Opinion of the Attorney General Affirming the Legality
of Using a Military Commission to Try the Conspirators Order of the President PROCEEDINGS OF A MILITARY COMMISSION,
Convened at Washington, D.C., by virtue of the following Orders:
{Executive Chamber Washington City, May 1, 1865.}
WHEREAS, the Attorney-General of the United States hath given his opinion:
That the persons implicated in the murder of the late President, Abraham Lincoln, and the attempted assassination of the Honorable William H. Seward, Secretary of State, and in an alleged conspiracy to assassinate other officers of the Federal Government at Washington City, and their aiders and abettors, are subject to the jurisdiction of, and lawfully triable before, a Military Commission;
It is ordered: 1st That the Assistant Adjutant-General detail nine competent military officers to serve as a Commission for the trail of said parties, and that the Judge Advocate General proceed to prefer charges against said parties for their alleged offenses, and bring them to trial before said Military Commission; that said trial or trials be conducted by the said Judge Advocate General, and as recorder thereof, in person, aided by such Assistant and Special Judge Advocates as he may designate; and that said trials be conducted with all diligence consistent with the ends of justice: the said Commission to sit without regard to hours.
... It is ordered: 1st That the Assistant Adjutant-General detail nine competent military officers to serve as a Commission for the trail of said parties, and that the Judge Advocate General proceed to prefer charges against said parties for their alleged offenses, and bring them to trial before said Military Commission; that said trial or trials be conducted by the said Judge Advocate General, and as recorder thereof, in person, aided by such Assistant and Special Judge Advocates as he may designate; and that said trials be conducted with all diligence consistent with the ends of justice: the said Commission to sit without regard to hours.
2d. That Brevet Major-General Hartranft be assigned to duty as Special Provost Marshal General, for the purpose of said trial, and attendance upon said Commission, and the execution of its mandates.
3d. That the said Commission establish such order or rules of proceedings as may avoid unnecessary delay, and conduce to the ends of public justice.
[Signed]
ANDREW JOHNSON
MORE:OPINION ON THE CONSTITUTIONAL POWER OF THE MILITARY
TO TRY AND EXECUTE THE ASSASSINS OF THE PRESIDENT. BY ATTORNEY GENERAL JAMES SPEED.
ATTORNEY GENERAL'S OFFICE
Washington, July — , 1865.
SIR: You ask me whether the persons charged with the offense of having assassinated the President can be tried before a military tribunal, or must they be tried before a civil court. The President was assassinated at a theater in the city of Washington. At the time of the assassination a civil war as flagrant, the city of Washington was defended by fortifications regularly and constantly manned, the principal police of the city was by Federal soldiers, the public offices and property in the city were all guarded by soldiers, and the President's House and person were, or should have been, under the guard of soldiers. Martial law had been declared in the District of Columbia, but the civil courts were open and held their regular sessions, and transacted business as in times of peace.
Such being the facts, the question is one of great importance— important, because it involves the constitutional guarantees thrown about the rights of the citizen, and because the security of the army and the government in time of war is involved; important, as it involves a seeming conflict between the laws of peace and of war.
... My conclusion, therefore, is, that if the persons who are charged with the assassination of the President committed the deed as public enemies, as I believe they did, and whether they did or not is a question to be decided by the tribunal before which they are tried, they not only can, but ought to be tried before a military tribunal. If the persons charged have offended against the laws of war, it would be as palpably wrong of the military to hand them over to the civil courts, as it would be wrong in a civil court to convict a man of murder who had, in time of war, killed another in battle.
I am, sir, most respectfully, your obedient servant,
JAMES SPEED.
Attorney General.
To the President
IF US CITIZENS CAN BE TRIED IN A MILITARY TRIBUNAL FOR ASSASSINATING A PRESIDENT, THEN FOREIGNERS CAPTURED OVERSEAS CAN BE TRIED FOR ATTACKING THE USA IN WHAT CONGRESS DETERMINED WAS AN ACT OF WAR IN THE SEPTEMBER 18TH 2001 AUMF:
JOINT RESOLUTION
To authorize the use of United States Armed Forces against those responsible for the recent attacks launched against the United States.
Whereas, on September 11, 2001, acts of treacherous violence were committed against the United States and its citizens; and
Whereas, such acts render it both necessary and appropriate that the United States exercise its rights to self-defense and to protect United States citizens both at home and abroad; and
Whereas, in light of the threat to the national security and foreign policy of the United States posed by these grave acts of violence; and
Whereas, such acts continue to pose an unusual and extraordinary threat to the national security and foreign policy of the United States; and
Whereas, the President has authority under the Constitution to take action to deter and prevent acts of international terrorism against the United States: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. This joint resolution may be cited as the `Authorization for Use of Military Force'.
SEC. 2. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES. (a) IN GENERAL- That the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.
(b) War Powers Resolution Requirements-
(1) SPECIFIC STATUTORY AUTHORIZATION- Consistent with section 8(a)(1) of the War Powers Resolution, the Congress declares that this section is intended to constitute specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution.
(2) APPLICABILITY OF OTHER REQUIREMENTS- Nothing in this resolution supercedes any requirement of the War Powers Resolution.
Approved September 18, 2001.
READ ALL ABOUT THE LINCOLN PRECEDENT HERE:
The Trial: The Assassination of President Lincoln and the Trial of the Conspirators (Hardcover) ~ Edward Steers Jr. (Editor) "WHEREAS, the Attorney-General of the United States hath given his opinion: That the persons implicated in the murder of the late President, Abraham Lincoln, and..." (more)
MORE ON THE MILITARY TRIAL OF LINCOLN'S ASSASSINS HERE.
