Martial Law And Its Application In America-By Harsha Sankar(December 2020)

General Flynn is correct in calling for martial law as a last resort. Please understand the following.

While it is true the United States Supreme Court, in Ex parte Merryman, 17 Fed. Cas. No. 9487 (1861), advised President Lincoln that he could not suspend institute martial law and suspend the Writ of Habeas Corpus, President Lincoln was right in ignoring this judicial body for two reasons.
1. The judiciary only gives opinions as to how the law should be applied and supported. This governmental branch is supposed to be passive as it does not rule by fiat.
2. President Lincoln only instituted martial law in the Union(Northern and Copperhead states as well as its territories) as he basically declared war on the Confederate States Of America. He never legally treated their secession attempt to be a rebellion.

Historical facts prove that he treated the CSA as a separate nation during the four years of the US Civil War so that his blockade and other military measures could be justified. Furthermore, since the CSA was treated as a separate nation, their leaders could not be successfully prosecuted for treason after the war.