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2008-08-18 Home Front: WoT

Ex-Marine decries prosecution in civilian court

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Posted by tipper 2008-08-18 08:47|| || Front Page|| [11130 views ] Top

#1 Thanks for contributing this. Our local paper, as usual, only had half the story.

Posted by mom ">mom 2008-08-18 08:58|| http://idontknowbut.blogspot.com]">[http://idontknowbut.blogspot.com] 2008-08-18 08:58|| Front Page Top

#2 Would there be any point to being a soldier if this passes the legal test? You'd be liable for damages realized by carrying out our lawful orders.

Posted by bigjim-ky 2008-08-18 09:53|| 2008-08-18 09:53|| Front Page Top

#3 bigjim,

I believe that is one of the intents of the Donks who worked to pass the law. Remember they are the ones who want to bring back the draft not for national security but to undermine the military as a viable institution. Same here. If you can't overtly destroy your target, you can employ covert methods to achieve the same goal.

Posted by Procopius2k 2008-08-18 10:29|| 2008-08-18 10:29|| Front Page Top

#4 Scott Silliman, a law professor and executive director of the Center on Law, Ethics and National Security at Duke University, says it has little to do with questioning military decisions and everything to do with whether a service member committed a crime.

"From a legal point of view, there is no difference in law between war and peace," he said.

Bloody nonsense. Legally, manslaughter is a form of murder, that is an extrajudicial killing. Soldiers obeying legitimate orders coming down from the chain of command during war cannot by definition be committing either manslaughter or murder. Or so I'd think. Perhaps this case will be useful when the Supreme Court finally gets around to so ruling.

Besides, the Duke University staff have made rather a name for themselves in recent years for being on the wrong side of a number of major issues.

Posted by trailing wife ">trailing wife 2008-08-18 10:33|| 2008-08-18 10:33|| Front Page Top

#5 This is like a bad movie, agreed. Especially with a voluntary forces dependence. However, I would say it is VERY unlikely he'll be convicted by a jury of peers in Riverside. For this, we ought to be hopeful, because it will become a precedent and, perhaps, discourage other follies and a waste of our public monies.

Posted by Woozle Elmeter 2700 2008-08-18 10:35|| 2008-08-18 10:35|| Front Page Top

#6 Woozle Elmeter 2700, if he is aquitted it won't discourage the ones who would destroy the Military. They will work harder to provide "evidence" in the future.

Posted by Deacon Blues 2008-08-18 11:04|| 2008-08-18 11:04|| Front Page Top

#7 I thought they are supposed to bring him back into service and try him under the UCMJ. How can you even judge the incident from an LA courtroom?

Posted by penguin 2008-08-18 11:21|| 2008-08-18 11:21|| Front Page Top

#8 so does that then make the President an accesory if Joe Private is found guilty? And that would be a hoot of Pres. Nobama were brought up on such charges.......

Posted by USN, Ret. 2008-08-18 11:25|| 2008-08-18 11:25|| Front Page Top

#9 This bullshit law that the dhimocrats passes is unconstitutional and completely wrong. Nothing more than institutionalized sedition and designed to erode the military so the dhimocrats can destroy and control it.

Goddamn traitors, the bunch of them.

Posted by DarthVader 2008-08-18 11:50|| 2008-08-18 11:50|| Front Page Top

#10 According to common International Law (If such a thing really exists) an individual from country X carrying out military orders from country X in country Y cannot be held responsible for actions committed in country Y as he was acting as an agent of country X.
Therefore, it seems to me that in this case, NCIS (I think that was who the article said was bringing the charges) is technically suing itself.

(See Individual's Legal Capacity, Section 4.1 of 5th edition Fundamental Perspectives on International Law, William R. Slomanson for more details pertaining to this. Quite interesting.)

Posted by sjb 2008-08-18 12:13|| 2008-08-18 12:13|| Front Page Top

#11 Sorry. I'll rephrase that.

NCIS is suing itself because it is an actor of the military/government bringing forth a suit against what is technically an action made by the same military/government.

Posted by sjb 2008-08-18 12:21|| 2008-08-18 12:21|| Front Page Top

#12 [Caveat - I know SCOTUS can make it up as they go along] Given that this is a civilian court, with an American citizen [remember all the talk about the rights of our American detainee being different from foreigners being held], and the defense has not voluntarily requested change of venue - its really going to be a hell of a pretzel to get round this on appeal -

Amendment 6 - Right to Speedy Trial, Confrontation of Witnesses. Ratified 12/15/1791.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Posted by Procopius2k 2008-08-18 13:54|| 2008-08-18 13:54|| Front Page Top

#13 After the Haditha accusations, Bush went on Al-Arabiya TV to attack the accused marines. That is: hanging them out to dry. Military justice took a 2nd look at Bush's sharia enforcement.

Posted by Sonny Thusong2086 2008-08-18 21:27|| 2008-08-18 21:27|| Front Page Top

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