Replies

one question, and one question only: Did this conviction come from a Civilian or Military court?

i think that the original jurisdiction powers of the Civilian courts needs be removed, and returned to the Military court system. IIRC, this was an “innovation” of the Bush 43 Administration. It hasn’t worked out well in practical terms.

Of course even in my day, the Federal courts had appellate jurisdiction over Military cases, and this should remain as it was.

Second, military prosecutors should be screened, and a great many of them (especially those trying to make a name for themselves) should be removed from the JAG staff.

A TRUE STORY:

i worked with a friend who had a son in Iraq. The boy ended up shooting in Iraqi kid who was picking up an AK-47. He was charged. This young man had two Bronze Stars (with Valor Devices) and a Purple Heart.

He was charged with two other members of his platoon.

The Judge in charge of the case was a Brigadier General with a Special Forces combat patch (worn on the right shoulder part of the sleeve), had three Silver Stars, and Three Purple Hearts. He was not happy.

The prosecutor was a First Lieutenant.

The Judge looked over the paper work and scowled.

He immediately ordered the court room cleared, and went off record and stood the prosecutor at Attention...the term is “Locked his heels”.

This is an accounting of the General/Judge’s statenemt:

“Lieutenant, are you out of your F#@k!ng mind? Have you ever been in combat, or fired your weapon outside of a rifle range?

If you EVER bring $#!+ like this into MY courtroom again, I’ll toss your @$$ in jail. DO YOU UNDERSTAND ME?”

The Judge then brought back all who were cleared out by his earlier order, and went back on record, and made the following comment: “I FIND NO MERIT TO THESE CHARGES. CASE DISMISSED!”

My friend’s son was on his third combat deployment.

END OF STORY.

We need some common sense and combat experience in the JAG office. There is a big difference between Sgt. Derrik Miller and Lt. William Cally, and it isn’t just their colour.

If this was a civilian Federal Court, we need to remove the primary jurisdiction of said Federal Courts so that this kind of travesty does not EVER happen again.

This of course assumes that we are being told the entire story.