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Legally Insane - The Law is Funny

Aug 7, 2018

Legally Insane

Military Tribunals – A Few Good Men - Episode 44

Ever wonder how enemy combatants who commit war crimes are prosecuted? They’re tried in Military Courts and these trials are known as Military Tribunals. Military Tribunals operate outside the scope of criminal and civil jurisdictions. The jury and judges are military officers. In today’s episode you’ll learn how and why these tribunals were started and how Presidents began trying some civilians under Military law. You’ll also get Matt and Tony’s take on Guantanamo and why it might be ok to make enemies drink pee.


  • [04:22] – Military Tribunals operate completely outside of our legal system.
  • [06:46] – The alleged reason they don’t operate within our legal system is because these crimes typically take place during war on a site where there is no functioning legal system.
  • [09:12] – George Washington, Andrew Jackson, and The Union (during the Civil War) all used Military Tribunals.
  • [10:49] – Lincoln suspended Habeas Corpus, which is the right to a free trial.
  • [15:09] – The US invents “The Water Cure”.
  • [17:14] – Operation Pastorius; The failed German plan for sabotage inside the USA during World War 2.
  • [27:02] – Boumediene vs. Bush 2008.
  • [29:00] – Guantanamo Bay moral dilemma’s.
  • [34:04] – Trump wants to try more people under military tribunals.

The Takeaway – There’s a lot of executive overreach. During wartime or emergency situations be weary of presidential power.

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