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RE: A legal path to prosecution of the Deep State conspiracy - Military tribunals
a pdf; here is the wiki
https://en.wikipedia.org/wiki/Ex_parte_Quirin
although the ruling is about military tribunals, the saboteurs were caught based on domestic spying (Batvinis, Origins of FBI Counterintelligence)
part of the reason I don't give more clear cut answers is that these are questions I've been working on for 4 years...;>
yup, there is a lot to untangle there, I will have to read a lot more, one question that seems important already though is the question of, is there actually a legally declared war going on right now? That seemed an important factor in the courts decision at the time.
that depends on whether you count the NDAA as a lawfully declared war or not. both are done by Congress.
But I don't know, I've never had the time to dig into NDAA, the War Powers Act, and the Constitution itself w/ regards to the other things.
And it depends on the broad strokes (Congress said so!) versus the technicalities of word phrasing (NDAA doesn't count as a "declaration)
I'm afraid I don't have an opinion; I think I'd go with the broad strokes ATM (if somebody demanded my judgement), but we are so far away from a Constitutionally sound method of keeping us safe atm, that it's all semantics to me at this point.