The Fate of Liberty

What were Military Commissions

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The U.S. Army's response to bridge burning and other rebellious actions during the Civil War, military commissions are an outgrowth of General Winfield Scott's innovation during the invasion of Mexico 15 years earlier. Military commissions are required to have a minimum of three officers sitting in judgment, defendants being allowed legal counsel (who may not, however, speak in their behalf), verbatim transcripts (not yet a feature of civil law), automatic review by superiors, and, in the case of capital sentences, review by the President personally. Political science professor Francis Lieber allows - even requires - military commissions to try those who endanger the entire country.