Rick Rogers at the San Diego Union Tribune
...ordered to testify at the attainder court martial of former Marine Gunnery Sergeant Gary Maziarz.
JAG HUNTER here:
Memo to San Diego Union Tribune Editor Karin Winner, Staff Writer Rick Rogers and Greg Moran, and Union Tribune attorney Guylyn Cummins:
Some years ago I sat in the San Diego Union Tribune lobby with Mr. Jim Crawley, Mr. Rogers predecessor on the military beat.
I laid out to Mr. Crawley the unconstitutionality of peacetime courts-martial--described since as attainder courts-martial. He didn't listen.
Over the years I've kept in touch with Mr. Crawley (later to become the president of the Association of Military Journalists, Reporters, and Editors) with uncounted warnings and alerts.
He didn't listen
I spoke with Mr. Rogers infrequently on varied cases regarding the military discipline scheme under America's modern day War Articles (more commonly known as the Uniform Code of Military Justice - UCMJ).
Then there's also the two buffoons at the San Diego North County Times, Mark Walker and Teri Figueroa.
Crawley and Rogers didn't listen. Walker and Figueroa didn't listen.
Maybe now you'll listen now...
Attainder courts martial are unconstitutional.
The construction, scope, and operation for attainder courts martial is the Manual for Courts Martial (or MCM).
The MCM is an Executive Order having nothing to do whatsoever with the Judicial branch of government.
The MCM does not allow a defendant the protection of a judge or jury as the Constitution's Article III commands.
Military hearing officers who populate the MCM hold no police power or punishment power over civilians.
As the Constitution forbids attainder it also forbids military aristocrats from exercising power over civilians.
MCM legerdemain allowing for a civilian federal judge to issue subpoenas upon the request of a military governor is unconstitutional.
Ya see, that pesky Constitution doesn't allow even the president as commander in chief to issue orders to federal judges using the MCM's laundrymat.
There's a more dire problem!
Mr. Obama's TREASON!
Congress empowers only a legitimate president as commander in chief to punish servicemen of the American Armed Forces.
Mr. Obama is not a legitimate office holder.
The Constitution forbids Mr. Obama from punishing anyone.
Mr. Obama can't issue a subpoena.
Obama can't order a federal judge to issue subpoenas.
Mr. Obama, stripped of the punishment power Congress invested in the commander in chief has no power whatsoever to delegate to subordinate commanders.
What this all means the government's criminal allegations against Gunnery Sergeant Maziarz are left to the Article III civilian courts to adjudicate should the government wish to proceed in that forum.
Mr. Rogers would have to answer a subpoena issued by a federal judge. A federal judge exercising the punishment power to enforce the order in the event one is signed out. Precisely that punishment power Mr. Obama, and all of his military subordinates are without.
It also means that should the San Diego Union Tribune cave in and allow Mr. Rogers to answer the subpoena, military royalty will have effectively brought the press to heal under a totalitarian martial government.
You are warned once again.
Conduct yourselves accordingly.
You all know how to reach me.
HERE ENDTH THE LESSON!
Copyright 2009 The JAG HUNTER
Copyright © 2009 The JAG HUNTERGet subscribers