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Date Posted: 06:15:52 01/24/09 Sat
Author: Hogarth
Subject: I have one question that I have not seen adequately answered.
In reply to: Jeannine 's message, "Well - one good thing about the first Executive Order" on 15:28:46 01/22/09 Thu

If military tribunals are inadequate and unconstitutional for suspected terrorists, why are they sufficient for our fellow citizens that are voluntarily serving us in our military?

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Replies:

[> [> Re: I have one question that I have not seen adequately answered. -- Terry, 09:33:16 01/24/09 Sat [1]

I think the answer is that when you join the military you agree to abide by military law and how it is administered. I could be wrong, I believe Jeannine is retired military so perhaps she can give you a better answer.


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[> [> [> Military do swear to obey the Uniform Code of Military Justice -- Jeannine, 12:49:31 01/24/09 Sat [1]

and I have been to many, many trials, from Captain's Masts (not unlike a low level court appearance) to Courts Martials (the big daddy) - due to the position I held. All were fair, all were above board. I have never been to a military tribunal based on war crimes, however.

Terry, to answer your question from above, I do believe in fighting to uphold the Constitution. I do not think that these war criminals are worthy of its' protection.

Military tribunals are fine with me, but honestly still too good for them.

The day we behead an innocent man, video tape it and release it to the world.... THAT is the day we stoop to their level.

Many of my feelings and beliefs are based on personal experience from Desert Shield and Storm. I also lived in the middle east for two years. I know that does not make me an expert. It is my opinion only. I am entitled to one. Peace.


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[> [> [> [> Re: Military do swear to obey the Uniform Code of Military Justice -- Terry, 13:40:15 01/24/09 Sat [1]

I always value your opinion and I do understand that your comments come from personal experience. I thoroughly enjoy your posts and you always make me think.

We will have to disagree about who are worthy of constitutional protection. We can add it to the list of things you and I disagree about. :-)


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[> [> I think military trials sound like the best way to go...and a question for Jeannine -- scooter, 13:01:54 01/25/09 Sun [1]

I think military trials have been put on temporary hold while the new administration reviews the cases. Jeannine, where would someone go if convicted in one of these trials? Are there military prisons?


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[> [> [> Answer - to the best of my knowledge -- Jeannine, 13:28:38 01/25/09 Sun [1]

I do understand that Obama has put trials on hold for the Gitmo people - all other trials for the military will go on as usual.

Yes, there are military prisons. Leavenworth (sp?) is the best known. There are also military jails, brigs, etc for lesser offenses. (Remember in From Here to Eternity, Frank Sinatra was in a military jail in Hawaii and Ernest Borgnine was the evil guard? That was Scoffield Barracks, which does exist.) I know that that shoe bomber guy is in a "Supermax" prison in Colorado - but I think he had a civil trial.

Interesting fact (that kinda used to piss me off, but I am a good little sailor). Double jeopardy does not apply to military people. You can be tried more than once for the same crime if new evidence comes up. Also, when an active duty person is accused of a crime, in addition to the civil trial he gets a military trial. The most common thing is a DUI. The penalty for a DUI can be worse from the military judges - up to and including imprisonment and a less than honorable discharge, on top of the civil trial punishment.

Interesting side story - I remember one guy that was put in a civilian jail for beating up his wife. Even though we knew where he was, he was listed as a deserter. When he finished his time, he came back and the wife no longer wanted to testify. She had divorced him and moved away. He was found innocent of assault due to lack of evidence, but guilty of deserting, went to jail until the end of his enlistment then given a bad conduct discharge (BCD - commonly known as a Big Chicken Dinner!) Fair? I don't know, but somehow it seems like justice to me!


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