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habeas corpus

President Lincoln authorized the Army to arrest suspicious persons without due process after Maryland rebels tried to cut off Washington, creating a Constitutional crisis over habeas corpus.

Editor’s Note: Joseph Connor is a Contributing Editor for American Heritage, member of the Supreme Court bar, and former prosecutor at the Morris County (NJ) Prosecutor's Office.

The trouble with military trials

Secret military tribunals, from which there is no appeal, are imbued with the power to order the secret execution of non-citizens, the suspension of habeas corpus for suspected terrorists, and the abrogation of attorney-client confidentiality.

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