Hypothetical Question(s)

[Thomas Thorne]

Assuming Mary still had lawyers,I believe she would have appealed. She likely would have encountered the same judge who denied Mudd's appeal on the grounds that the status of Washington DC as a military camp precluded application of the the ex parte Milligan criteria.
A fair reading of Milligan compels me to disagree. Washington DC was not in rebellion and the civil courts were still functioning. However the Supreme Court in its famous WW2 decision ex parte Quirin involving the execution of German saboteurs after a military trial -one of whom was an American citizen-ignored Milligan.
Tom