Federal Judge Paul L. Friedman has denied the latest appeal to set aside Dr. Samuel Mudd’s conviction for aiding and abetting John Wilkes Booth in his conspiracy to assassinate President Abraham Lincoln. Judge Friedman further stipulated that, “this Order and Judgment shall constitute a final judgment in this case.”
In his decision, Judge Friedman states,
| “...this Court...concludes that if Dr. Samuel Mudd was charged with a law of war violation, it was permissible for him to be tried before a military commission even though he was a United States and a Maryland citizen and the civilian courts were open at the time of his trial.... The final question then is whether Dr. Samuel Mudd was in fact charged with a violation of the 'law of war...'
Assistant Secretary Henry [of the Army, charged with reviewing the case]...found 'that the charges against Dr. Mudd (i.e., that he aided and abetted President Lincoln’s assassins) constituted a military offense rendering Dr. Mudd accountable for his conduct to military authorities and, therefore, subject to trial by the Hunter Commission, a properly constituted military commission' which President Johnson properly determined was 'the appropriate tribunal to hear the case.'
...In view of the foregoing analysis and this Court’s own reading of Milligan and Quirin, the Court cannot say that Secretary Henry’s decision was arbitrary, capricious or not in accordance with law. ...[B]ased on its analysis of Quirin and Milligan the Court
must conclude that the decision to charge Dr. Mudd with a law of war violation cannot be disturbed.”
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