What I’m hearing is that this may not comport with traditional notions of the law of war? 
-
-
-
Replying to @marty_lederman
What process is “due” in this circumstance seems open to fair debate
4 replies 0 retweets 2 likes -
Replying to @isamuel @marty_lederman
I yield to no one in my awareness of the harm this cult has done but SOUTH was the region of summary justice, the mob, the noose and the bastinado. The victory of the North was a victory for Constitution and Law. Celebrating that victory with a lynching would have been dreadful.
2 replies 0 retweets 8 likes -
Replying to @Profepps @marty_lederman
Describing the hypothetical death of the white leader of the Confederacy as “lynching” seems like a really dissonant comparison
2 replies 0 retweets 5 likes -
Replying to @isamuel @marty_lederman
If done without process that’s what it would have been.
2 replies 0 retweets 1 like -
Replying to @Profepps @marty_lederman
It would have had process—a summary process, as is often used in many important contexts. Immigrants are removed every day in summary proceedings where no factual questions are at issue. Summary judgment can move billions of dollars around
2 replies 0 retweets 3 likes -
We have a process known as summary judgment and therefore we should have summary treason trials and executions?
1 reply 0 retweets 1 like -
Replying to @marty_lederman @Profepps
Arguing that the most infamous traitor in American history deserved certain treatment does not in any sense imply that it should be routine. To the contrary, actually.
5 replies 0 retweets 2 likes -
Cf. Ex parte Quirin?
7 replies 0 retweets 0 likes
Third, they were seized during sabotage operations (so the court said) making their violation of the laws of war part of military operations during hostilities. Civil War hostilities ceased at Appomattos.
Loading seems to be taking a while.
Twitter may be over capacity or experiencing a momentary hiccup. Try again or visit Twitter Status for more information.