Posted on 09/21/2006 6:00:22 PM PDT by Mr. Brightside
Today: September 21, 2006 at 15:45:18 PDT
Court: Senator Can't Be Military Judge
By SUSANNE M. SCHAFER
ASSOCIATED PRESS
COLUMBIA, S.C. (AP) -
It is unconstitutional for Sen. Lindsey Graham to serve as a member of Congress and a military judge at the same time, a military court has ruled.
Graham, R-S.C., is a colonel in the U.S. Air Force Standby Reserve, and is assigned as a reserve judge to the Air Force Court of Criminal Appeals.
"One of the purposes served by the separation of powers is that a military accused will not be judged by a Member of Congress," the decision by the U.S. Court of Appeals for the Armed Forces said.
A spokesman for Graham referred questions to the Air Force, which said in a statement it was evaluating whether to appeal to the U.S. Supreme Court. The Air Force also said Graham has been reassigned to a position in the Air Force Administrative Law Division of the Pentagon.
The decision, issued Wednesday, came after Airman 1st Class Charles M. Lane, who was convicted of wrongful use of cocaine during a special court-martial, challenged Graham's qualification to serve on the appellate court, saying it was a conflict of interest.
Lane was sentenced to a bad-conduct discharge, confinement for 135 days and reduction to the lowest enlisted grade. The sentence was later amended to shorten the time of confinement. The appeals panel set the decision aside and said his case will be reviewed.
Graham, who earned a law degree from the University of South Carolina in 1981, served on active duty in the Air Force for six years. In 1989, he joined the South Carolina Air National Guard, where he served until he was elected to the U.S. House of Representatives in 1994.
During the first Gulf War, Graham worked at McEntire Air National Guard Base as a staff judge advocate, according to his Senate Web site.
Graham's background has made him one of Congress' top legal experts on military law and the senator has backed the Bush administration's stand on dealing with terrorism suspects.
This day just gets better and better
Hey, everybody, look at this!!! LOL!
Ha ha!
As far as I'm concerned,His"Gooberness"can't serve as a REPUBLICAN!!!!!!!!!!!!!!!!!
Today has been full of good news. :-)
Better put some ice on that Lindsey!
What other good news? I have been news deprived today.
You know, I am going to skim the news...I bet there is MORE good stuff we haven't found yet!
? ? ?
Lindsey better start wearing water-proof mascara for all the crying he's been doing...
Lindsey "I'm a happy man" Graham still smiling?
In what universe?
This week's Time magazine says: (1) Hillary Clinton is Graham's "best friend" in the Senate; (2) McCain calls Graham "my illegitimate son" (3)Graham will drive three hours to get on TV for three minutes; (4) Tom Ravenell of SC says Graham is "the third Senator from New York." The rest of the article just drools over him.
That is good news! Thanks for the update.
LOL....you mean we missed some :)
I still remember when Graham made his famous " I love the law" speech. No one has ever fooled so many short of Clinton himself.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.