AF Colonel sentences a Marine Brigadier to the brig?
There’s something wrong in the Universe again.
O-6 of one service sentences O-7 of a different service.
We are a nation of laws, not of rank nor of men.
I might have a PhD and be a highly decorated vet (I am neither) but if I reach for something in my waistband really quickly a rookie cop with a H.S. diploma is going to ventilate me and be within the law to do so.
Major league pissing contest going on !
Better break out the poncho.
The U.S. court system should not be made available to foreign combatants.
It should strictly be a military system.
If not, the jihadis can practice systematic lawfare against us, costing us millions of dollars to process each of thousands of captured militants.
In this case, a judge outranks a mere defense team head. Military rank shouldn’t matter in court hierarchy.
“O-6 of one service sentences O-7 of a different service.”
There is a difference between rank and authority.
“The judge said in court that a senior official at the Pentagon, Convening Authority Harvey Rishikof [Note: A civilian], would review Bakers sentence. Defense Department spokesman Maj. Ben Sakrisson said Rishikof will determine whether to affirm, defer, suspend or disapprove the sentence in the next few days.
Now, what is the problem?
“Kammen has represented him as his death-penalty defender for a decade; the other two women came to the case later. Only a Navy lieutenant with a 2012 Georgetown Law degree but no capital experience remains on the case.”
http://www.miamiherald.com/news/nation-world/world/americas/guantanamo/article181566401.html
By allowing these lawyers to leave, the case cannot proceed. The remaining lawyer doesn’t have the experience required, and it could take many months (or years) for someone else to get up to speed. If the lawyers go, the trial comes to a halt indefinitely.
The military judge has ordered U.S. citizens to go to what the government claims is a foreign country to provide unethical legal services to keep the façade of justice that is the military commissions running. This order is illegal and neither I nor the other civilians are going to Guantánamo, Kammen told the Miami Herald Sunday morning.
IOW, the lawyers have thrown in the towel in a way that prevents a trial from taking place. While there MAY be justification for someone with a decade of experience pulling out, doing so with all the lawyers capable of handling the trial ends the trial - and it is an act by someone who believes no trial should take place.
Those look to me like they're oak leaves, not eagles.
O-6 of one service sentences O-7 of a different service.
Even worse, an O-5 of one service sentencing an O-7 of a different service...