JAG HUNTER here (posting from the Sweetwater, Tennessee Library) :
Marine Sergeants Jermaine Nelson's attainder court-martial is beginning today.
United States Attorney Russell Dedrick and assistant U.S. Attorney Edward Schmutzer (Eastern District, Tennessee - phone: 865.545.4167 ext. 11708) were reminded this morning regarding the need to alert a federal judge to order an injunction blocking Sgt. Nelson's military disciplinary hearing.
An attainder court-martial is a disciplinary hearing wherein guilt is a living thing.
Federal courts are presently open and accessible to try the Marine Corps accusations leveled against Sgt. Nelson. Federal judges are available as is our civilian populace from which to select and seat a petite jury of twelve strangers.
But in Sgt. Nelson's experience, a Marine Corps general has ordered subordinates (mostly officers) to replace a federal judge and civilian jury of unbiased civilian citizens with an officer hearing officer and a panel of consultants.
Former Marine Sergeant Jose Nazario faced criminal charges last summer for the same combat event which Sgt. Nelson was a fellow combatant, infantry Marine.
Sgt. Nazario stood in the dock of a civilian federal court under the Constitution's Article III. Sgt. was afforded the a constitutional protection of a grand jury of citizens.
Sgt. Nelson appears today at his attainder court-martial resulting from a panel of officers who only supplied recommendations to their commanding general.
Sgt. Nelson was acquitted, not attainted last August.
A federal judge and civilian jury can as well be seated in Sgt. Nelson's case providing of course a civilian grand jury first gives its permission to a federal prosecutor to go forward and in front of a petite jury.
Instead, Sgt. Nelson's attainder court-martial will be conducted in secret. Public demonstrations regarding Nelson's hearing process will simply provide a burlesque to observers easily distracted, deflected and confused (folks such as San Diego North County Times' "reporter" Mark Walker).
Records of Sgt. Nelson's behind the scenes, secret attainder court-martial will be accordingly secreted.
U.S. Attorneys Dedrick and Schmutzer are in receipt of a criminal complaint reporting (once again) attainder courts-martial unconstitutional. How's 'bout giving counselors Dedrick and Schmutzer a call? Tell 'em what you think.
Here endth the lesson!
Beware the fury of the patient man!
Copyright © 2009 The JAG HUNTER
Copyright © 2009 The JAG HUNTERGet subscribers