It is important to note that, while widespread claims of fraud in the 2020 presidential election have been made none have yet to be proven.
The group cited the suspension of Habeas Corpus by former President Abraham Lincoln as an example of the president’s authority.
“On June 12, 1863, Lincoln defended his extreme measures in a letter published in the New York Times. Citing Article I of the Constitution he argued: ‘Ours is a case of rebellion…in fact, a clear, flagrant, and gigantic case of rebellion; and the provision of the Constitution that ‘the privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it’, is the provision which specifically applies to our present case,’” it said.
Declaring martial law is not as cut and dry as some may think. The Constitution is noticeably silent on the issue.
As well-known attorney Alan Dershowitz said in a piece he published in The Hill in June, the closest the Constitution comes to talking about martial law is in a prohibition of suspending the writ of habeas corpus “unless when in cases of rebellion or invasion the public safety may require it.”
