By Anna Von Reitz
Our courts have not, generally, operated in any of the States of States since 1954. The pleadings all changed from Common Law to Statutory at that point. You are not old enough to remember that, but numerous members of my team lived through it. Nobody much questioned it at the time, but now we know how and why it was done to our eternal detriment.
For more information on this I suggest you read Melvin Stamper, JD., The Fruit From a Poisonous Tree.
Dr. Stamper was an early researcher into these matters and he got some of the history and implications wrong, but for the most part, he accurately describes what happened to convert our courts into THEIR courts.
Milligan Ex Parte, then, does not apply, because Milligan Ex Parte is talking about how we may get rid of the usurping quasi-military tribunals by restoring and running our own courts, but instead of restoring our own Common Law courts we let them slip away and "vacated" them, so that all that typically now remains are statutory courts and military tribunals. Thus you can now see how your quote "martial rule can never exist when the courts are open..." does not apply; our courts--the Common Law Courts that the Justices assumed to exist in Milligan Ex Parte-- are not open. They closed in 1954.
