Should we redefine Ex-Parte v Milligan

Ex-Parte v Milligan says a US citizen cannot be tried by military tribunal unless civilian courts are unavailable. Citizens engaged in terrorist activity and/or are prevented from prosecution for any reason, such as qualified or absolute immunity, should potentially be subject to a military court either by military tribunal or court martial.

That said, we should have standards to make sure that a military tribunal is not a kangaroo court and the punishment needs to fit the crime(s) and needs to follow the rules of evidence

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