The Army will seek the death penalty against Pfc. Jesse Spielman, according to Maj. Gen. Thomas R. Turner, the commander of the 101st Airborne Division.
Friday, October 27, 2006
“If you're on active-duty in the military, you're not going to be politically active beyond voting.” Active-duty officers, for example, are not allowed to criticise Mr Bush. The Uniform Code of Military Justice lays down that an officer who has “contemptuous words” for the president can be court-martialled.
Students or their parents can opt out in writing, but the students who do sor are exlcuded from having their names publised in school news releases, yearbooks or honor roll.
2 November 2006: Washington - Article 32 court appearance for Kenny Ray Morrison, a former U.S. Naval Academy football player charged with raping and drugging two female midshipmen.
Wednesday, October 25, 2006
Punishment without Law!
By Walter Francis Fitzpatrick, III
Saint Crispin's Day 2006
“Today, you are the law!”
So begins Frank Galvin’s summation to the jury in the movie The Verdict. Galvin’s narration laconically illustrates to citizens in the jury box that their participation, inspection, deliberation, and approval of government action defines the rule of law. More to the point Galvin’s succinct charter defines the rule and role of citizen juries.
The scales of justice in criminal proceedings balance the interests of the state against the rights and interests of citizens. In peace time jurors do the assaying.
In time of WAR (large letters), the rules change.
The first casualty of WAR is the jury. Truth’s survival is irrelevant.
WAR as I mean it describes that level of mortal combat that when concluded a nation or its form or government or both fall dead next to its soldiers. During times of dire predicament only a dictatorship, the lawless enforcement of discipline upon a country’s citizenry and military, works to effectively put that nation on a WAR footing.
Courts are closed by the advance of an invading armed force. WAR time criminal proceedings eliminate fundamental procedural rights. There are no juries, no judges, no courts or trials, no due process, no bail, no habeas corpus, no appeal. There are no verdicts. No accusers need step forward; no physical evidence is necessary nor testimonial evidence. There needs not even be a crime to execute punishment of a citizen. Shooting citizens on sight is an approved military disciplinary custom. Survival of the state is the only interest served in an environment populated by government actors in a time of WAR. Resistance is futile.
Punishment decisions are vested in a single person and are totally discretionary. WAR time enemies face our government at its most vicious and merciless moment. Military governors are unconcerned with arguments made in self-defense by combatants who in that instant before capture were trying to kill us. Concerns about full and fair hearings, ethics, truth, innocence, justice or rights are rejected outright and rendered irrelevant. Americans lock their enemies up or kill them after the commander in chief determines extant threat at his discretion.
In time of WAR the commander in chief becomes a dictator so that success on the field of battle is possible when the life of the nation is at risk. Articles of WAR are substituted for fundamental constitutional principles of jurisprudence in answer to a survival instinct.
AWs were adopted by the Continental Congress empowering General George Washington with dictatorial control of his army. Without absolute control of its discipline,
The Revolutionary WAR ended when the British government and its holdings lay dead next to their soldiers. A new nation,
Jury inspection of all criminal allegations was restored in the Vth Amendment commanding…“Any person accused of a capital (serious) or infamous (horrible) crime, except a person on active duty with the military forces during time of war (small letters) or public danger, must be indicted (charged and held for trial) by a grand jury (twelve to twenty-three persons selected to decide if there is enough evidence or information against the accused to hold a trial).”
Our Founders mandated that grand juries give permission before trail juries should be allowed to examine and render final judgments regarding guilt or innocence. In time of war (small letters) or public danger, when courts are open and operating, the grand jury is skipped for members of the land and naval forces on active duty. Then in that circumstance, criminal allegations are advanced directly to jury trials.
Beyond placing restraint upon the government from wrongly or capriciously acting against citizens, juries are additionally and immeasurably invaluable by keeping connected and accountable the armed forces to its people.
America's Founding Fathers stripped attainder power from all government officials and strictly, specifically prohibited its renewal through new legislation. Under the Constitution, no single person or group of people is empowered to practice attainder. Federal and state government officials are expressly prohibited from punishing any
Unfortunately for members of the armed forces no one powerful enough is in a position to stop the Congress then or since when it authorizes military government under renewed Articles of WAR irreconcilable with the U.S. Constitution.
Despite constitutional prohibitions preventing Congress from either seizing attainder power, or extending attainder power it does not possess to another, Congress has passed, nurtured and kept hidden in plain sight bills of attainder throughout our nation’s history. To the detriment of our armed forces Congress replaced juries with “bodies of military men ordered to investigate accusations, arrive at facts, and—where just—recommend a punishment” to the commander in chief. Attainder by confession is currently forced upon the seven Marines kept in a cave at Camp Pendleton, California.
Juries are missing from all
The facility of the Military Commissions Act of 2006, for instance, is subterfuge. It’s a contrivance being used to fool our citizenry into believing that two different standards of punishment are being employed against 1) our servicemen, and 2) enemy pirates.
More: Every member of the armed forces punished by the commander in chief through the agency of military governors is wrongfully “attainted;” that is, punished without law. Those incarcerated today through the workings of a congressionally created criminal hearing process (attainder by confession for instance) are political prisoners in every sense the phrase can be understood.
The same government methods being used to punish pirate enemies trying to kill us are simultaneously directed against countrymen who’ve pledged their lives to save ours. This is an outrage!
These thoughts in closing:
Our enemies are domestic.
No citizen oversight or accountability exists regulating or restraining
Supreme Court condemnation of attainder and responsibility is deserted.
Articles of WAR must be short-lived. AWs on the books now must be put to sleep until made necessary again. Instead Congress has made AWs permanent. Just last week the commander in chief approved the most expansive extension of attainder power over citizens known to Americans since the Civil WAR.
Military officers supporting the continued operation of the Articles of WAR in time of peace, the practice of attainder, must resign their commissions instantly in obedience to their oaths of office. This includes, of course, the most senior military officer, the commander in chief.
Don’t enlist. Don’t re-enlist. The force is all-volunteer.
The Constitution applies to all Americans whenever the courts are open. Our contemporaneous combat with air, land, and naval pirates is war writ small. American jury courts are open today; I trust they’ll be open tomorrow.
Fight bact at the ballot box. There you be the jury. Demand in the upcoming election and every election afterwards public accountability from incumbent federal office holders and challengers regarding their public positions regarding the extraordinary rendition of juries.
Immediately, and especially for those like the Marines being kept in a cave at Camp Pendleton stand up as united American's we speak out with one united voice demanding: NO MORE PUNISHMENT WITHOUT LAW!
Here endth the lesson! The JAG Hunter 2006©
Tuesday, October 24, 2006
Speaking directly to terrorists in his speech on this year’s fifth anniversary of Sept. 11, President Bush said, “America will find you, and we will bring you to justice.”
JAG Hunter here: Without a civilian juries, justice is impossible. What America's military is about regarding our war on pirates has nothing to do with justice.
Here endth the lesson.
Monday, October 23, 2006
Their account, confirmed by the Navy's former general counsel, outlines a fierce debate within the Defense Department over the competing goals of justice and security in the war on terror.JAG Hunter here: Information such as that reported by Mr. Dedman is precisely what must be brought to the attention of civilian juries, once juries are reintroduced to military government. Reversing that view, it's precisely the sort of information military governors have been able to withhold from civilian juries throughout the entire history of these United States.
WELL DONE! to Mr. Dedman.
Here endth the lesson. The JAG Hunter 2006©
"The question is, do they really need this stuff?"