Trials set in death of Pfc. Brown
JAG HUNTER here:
Memo to Fayetteville Observer staff writers Drew Brooks (reporting on the Hennis attainder court-martial) and John Ramsey reporting on this military disciplinary hearing:
The Executive Order known as the Manual for Courts-martial makes no provision for judges or juries. Hence the description for peacetime military disciplinary hearings is properly--ATTAINDER COURTS-MARTIAL (pay attention here men).
The unnamed spokesperson in Mr. Ramsey's article lied. S/he is also wrong regarding Article 32 disciplinary hearings. Art. 32s filter nothing. An Article 32 work product results always in a non-binding recommendation presented to the more senior officer considering an attainder court-martial. This is so even when, in rare appearances, a formal 32 hearing officer presides.
Congressional legislation Mr. Ramsey reports is unconstitutional. Peacetime courts-martial are the products of assorted, proscribed bills of attainder. America's War Articles apply only when constitutionally recognized judges and juries cannot assemble.
Do your homework gentlemen!
HERE ENDTH THE LESSON!
Copyright © The JAG HUNTER 2009
Copyright © 2009 The JAG HUNTERGet subscribers