Pernicious Confusion About Milligan Ex Parte

   Judge Anna von Reitz

The Supreme Court decided Milligan Ex Parte in 1866, a year after the creation of quasi-military courts in ten military districts covering eleven Southern States in May of 1865.

These courts were formed by the Rump Congress immediately following Lee’s surrender at Appomattox, Virginia, in April of 1865.

Basically, a General “of at least the rank of a Brigadier” was put in charge of appointing civilians loyal to the North to act as Judges in Southern Courts: carpetbaggers.

These people were all either transported to serve as judges in these new quasi-military courts or they were hated members of their own communities — Yankee Sympathizers — who were given plenary power over their defeated neighbors, to rape, pillage, and plunder whatever property was left in the South.

It caused such an outcry that Milligan Ex Parte was rushed through the United States Supreme Court for remedy just a year later. The Court clearly stated that when civilian courts resumed operations in the military districts, the quasi-military tribunals were to shut down.

Instead, by a process of fraud based on similar names deceit and usurpation, the civilian courts were surreptitiously replaced by these same quasi-military tribunals operating throughout the nation.

That’s where we find ourselves today, still cluelessly wrestling with the unresolved detritus of the so-called Civil War, still putting up with quasi-military courts — which we could replace simply by operating our own civilian courts and invoking Milligan Ex Parte.

Recently, people unaware of this history, have brought forward Milligan Ex Parte and attempted to use this as an argument against President Trump’s proposed use of military tribunals to try civilian criminals —- however this reasoning is based on false assumptions that derive from ignorance about which courts Milligan Ex Parte is talking about, and assumes that it is addressing military courts in general.

As you can see, instead, it is only addressing the quasi-military civilian tribunals created in May 1865, not the actual military courts at all.

In my opinion, President Trump is acting correctly and Milligan Ex Parte has nothing to do with it. The vast majority of the criminals he is dealing with are US Territorial or Municipal citizens and they are subject to military courts as a result.

As for the rest of us, it is long overdue for us to stir our stumps, get our own political status records corrected, form our Jural Assemblies, and shut down the quasi-military courts operated by the Territorial United States using Milligan Ex Parte in its correct place and interpretation to do so.

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