Army Staff Sergeant Ray Girouard and Marine Sergeant Larry Hutchins are innocent men until a jury says different!
JAG HUNTER HERE: The Constitution forbids jury displays of patronage, preeminence, or position. Our foundation in law~the United States Constitution~outlaws a juror's self-promotion of power, passion, or promise of peril.
Courts-martial are not courts!
Jurors do not wear uniforms!
My first at-sea assignment after graduation from Annapolis was to the guided-missile cruiser USS STERRETT (CG-31) homeported out of San Diego, California. I know a little bit about the ship's namesake.
Twenty-one-year-old Lieutenant Andrew Sterrett commanded a gun-battery two-hundred-nine-years ago this date when his ship~USS CONSTELLATION~engaged the French 36-gun frigate L'INSURGENTE northeast the Caribbean island of Nevis.
Once the battle was joined Lt. Sterrett chased down a crewman who'd bolted from his battle-station in fright. Sterrett is quoted narrating the episode: "One fellow I was obliged to run through the body with my sword, and so put an end to a coward. You must not think this strange, for we would put a man to death for even looking pale on board this ship." (also see Ian Toll's magnificent and recent history: SIX FRIGATES, pgs. 114-118)
The United States Navy was an all-volunteer force on 9 February 1799.
Lt. Sterrett was the physical manisfestation of America's commander in chief (CINC) on CONSTELLATION's gun-deck as conveyed through Sterrett's commanding officer, Thomas Truxton.
One of Sterrett's duties, in keeping with the Roman-Britian tradition of martial discipline, was to ensure CONSTELLATION crewmen were more afraid of losing their lives at the hands of the CINC, Truxton, Sterrett, and the other ship's officers than those volunteers feared losing their lives by engaging the enemy in combat.
Lt. Sterrett killed the hapless gunners-mate to instill fear. Sterrett acted in Truxton's name, under the commander in chief's authority.
NO JUDGE! NO JURY!
Military discipline operates in the same fashion today as it did over two-centuries ago. The point of a court-martial ~like the point of Sterrett's sword~ is the promise of ritual injury and threats against life and liberty. Just as navy ships were crewed in the late-1700's, courts-martial nowadays are "crewed" by the commander's hand-picked representatives. Their duty, like Sterrett's, is to give physical expression to the will of the commander in chief...and to instill fear.
THERE ARE NO JUDGES! THERE ARE NO JURIES!
All military courts-martial participants are "present and accounted for" unders orders of the commander in chief (known to most of us as the president of the United States). Officers ordered to courts-martial duty find themselves in the same subservient, proxy connection to the CINC as Lt. Sterrett did on CONSTELLATION's gundeck.
Lt. Sterrett's stabbing death of his shipmate was as real an expression of the commander's will as courts-martial have ever been in purpose and intent.
When members of civilized society decide them "unnecessary" ~intolerable as function of time and circumstance~ enforced discipline such as Sterrett's impulsive impalement of a crewman are recognized as acts of murder.
When members of civilized society decide them "unnecessary," impulsive courts-martial, such as are the disciplinary hearings of Ray Girouard and Larry Hutchins, are recognized acts of attainder.
In civilized society ~when civilian criminal courts are open and available~ it's a jury's duty to decide what's necessary and what's unnecessary.
Courts-martial are savage, base, vulgar, and ferocious acts of a dictator no matter the form or process. Courts-martial are formidable manifestations of the rule of one man -- the president of the United States. Once undressed and undisguised we find courts-martial simply the summary judgments of the commander in chief.
The despicable, violent, extraordinary, and extraconstitutional power of attainder must not be vested in the CINC very often or for very long. The commander must be stripped of attainder power in that instant it's no longer necessary. And we are to watch closely what the commander does with attainder power (war power) when he holds it.
Ray Girouard and Larry Hutchins (and similiarly afflicted brethen) are innocents until a jury says different!
Courts-martial are not courts! There are no judges, no juries!
And juries don't wear uniforms.
Courts-martial are discontinuous and must be discontinued (see the First British Mutiny Act of 1689).
The president of the United States (the CINC) locked up Ray and Larry without a jury's knowledge or permission. Consequently, Ray and Larry are buried in military caves as political prisoners...victims of attainder.
Call the FBI to report these crimes. If you're an American citizen you have standing to advance the criminal complaint.
FBI Knoxville: 865.544.0751
FBI Boston: 617.742.5533
Sweetwater Mayor James Stutts: 423.337.6979
Representative John J. Duncan, Jr.: 865.523.3772
U.S. Senators Bob Corker: 865.637.4180
Lamar Alexander: 865.545.4253
If you know any of Ray or Larry's brethen similiarly oppressed, call your nearest FBI office and report the crimes!
Light up those switchboards!!
Here endth the lesson (for now).
BEWARE THE FURY OF THE PATIENT MAN!
©Copyright 2008 The JAG HUNTER
NOTE: Should JAG HUNTER readers be well-disposed to contribute a few bucks to Sweetwater's Library, here's the address:
SWEETWATER PUBLIC LIBRARY
210 MAYES AVENUE
SWEETWATER, TENNESSEE 37874
Labels: attainder, CINC Bush, commander in chief, courts-martial, JAG HUNTERS, Marine Sergeant Lawrence Hutchins, president of the United States, SIX FRIGATES, Staff Sergeant Ray Girouard, The JAG Hunter
Copyright © 2009 The JAG HUNTER
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