SPECTER OPINES ABOUT JOE SESTAK'S COURT-MARTIAL (click here)

Copyright © 2009 The JAG HUNTER

PEACE TIME MILITARY CRIMINALS, PEACE TIME MILITARY CRIMINAL ACTS TRIED BY A PEACE TIME CIVILIAN JURY AND A PEACE TIME CIVILIAN JUDGE! (click here)

Copyright © 2009 The JAG HUNTER

"Since officers of the American military take their oath on commissioning to the Constitution and not the President, their obedience to the Commander-in-Chief has lapsed and, if they challenge or resist his authority, any courts-martial will also be an illegal exercise of force."

JAG HUNTER here:

Ya know...I heard 'bout this...not sure where.

The JAG HUNTER

ARMY LIEUTENANT MICHAEL BEHENNA UPDATE (click here)

Oklahoma Representative Mary Fallin's press release

The JAG HUNTER

Court-Martial Appeals Would Change Under New Bill

"Critics of current law argue that service members possess the same rights to due process and equal protection of the law as citizens and lawful immigrants, but that access to those rights [protections] is unfairly restricted."

JUDGE WALTER T. COX, III OPINES WE NEED TO IMPROVE OUR PREVENTATIVE DETENTION AND ATTAINDER PRACTICES!

"Our goal is to make the military justice system function in a manner which ensures justice to the servicemember," said Walter Cox, former chief justice of the U.S. Court of Appeals for the Armed Forces, who heads the commission. "We’re not looking to duplicate the civilian system; we all know that’s not perfect. We’re looking to improve on our own system."

Meanwhile, the Senate Armed Services Committee completed its markup of the National Defense Authorization Bill for 2010, observing:

“[t]he regular military courts in our system are the courts-martial established by congressional statutes” and that a military commission “can be ‘regularly constituted’ by the standards of our military justice system only if some practical need explains deviations from court-martial practice.”

SWORD STILL HANGS OVER THE HEAD OF LIEUTENANT COLONEL CHESSANI; MARINE COMMANDANT REFERS PROSECUTION!

Those bogus charges against LtCol Chessani were triggered by a fierce house-to-house, room-by-room combat action taken by four Marines in his battalion after being ambushed by insurgents in Haditha, Iraq on November 19, 2005. Along with several insurgents, 15 civilians also died. Where insurgents purposefully use civilians as human shields, civilian casualties are tragic, but not uncommon.

The trumped-up charges against LtCol Chessani: failing to properly report and investigate the November 19, 2005 incident.

MEMO TO THE FOLKS IN SAMSON, ALABAMA: H.R. 675: Building Obama’s Civilian National Security Force

U.S. Representative Bob Filner wants to grant...

"...Law enforcement officers of the Department of Defense: [with] authority to execute warrants, make arrests, and carry firearms… for any offense against the United States.”

ATTAINDER COURTS-MARTIAL ARE USED TO...

... send the message to young soldiers, 'Don't think you can just leave here, come back and be discharged. We're going to make people who do that pay.' And that's what they're doing here, because he's got a very strong psychological evaluation..."

by Staff Writer Krisy Gashler

Bill would allow troops Supreme Court appeals

"...current law limits the right to appeal for service members in a way that gives them fewer rights than are available to civilians convicted of similar offenses, illegal immigrants and even enemy combatants, who all have the right to direct appeal to the Supreme Court."

Weight Of Behenna Case On General's Shoulders

...military prosecutors knowingly withheld evidence favorable to [Lieutenant Behenna] until the trial was over. That evidence came from the prosecution's own forensics expert...

SUPREME COURT RULING: Court: Military court can open old conviction

"Our holding allows military courts to protect the integrity of their dispositions and processes by granting relief from final judgments in extraordinary cases when it is shown that there were fundamental flaws in the proceedings leading to their issuance," said Justice Anthony Kennedy, who wrote for the court.

The case is United States v. Denedo, 08-267.

AIR FORCE SERGEANT JOHN P. NICHOLS: CIVILIAN FEDERAL COURTS CAN AND MUST BE USED TO CRIMINALLY PROSECUTE SERVICEMEN IN PEACETIME

JAG HUNTER here:

Peacetime courts-martial, attainder courts-martial are unconstitutional.

When civilian judges and juries can be selected and assembled to consider the government's criminal case against a U.S. citizen, the Constitution commands those civilian judges and juries be selected and assembled.

HERE ENDTH ANOTHER LESSON!

Copyright © The JAG HUNTER 2009

THE CONSTITUTION NO LONGER WORKS!

JAG HUNTER here:

Mr. Obama and his criminal assistants are "remaking" our form of constitutional government by strict application of the rules of men.

“ 'By prosecuting Ahmed Ghailani in federal court, we will ensure that he finally answers for his alleged role in the bombing of our embassies in Tanzania and Kenya,' Attorney General Eric Holder said in a statement." (NYT)

Ahmed Ghailani's alleged terrorist and treasonous criminal adventures occurred in Kenya and Tanzania.

It is Mr. Obama's order to try Ghailani in a New York Federal Court. Mr. Obama was directly and intimately part of the decisional process.

"The decision to try Ahmed Khalfan Ghailani in New York stemmed directly from the review ordered by President Obama in January of the cases of all 240 terror suspects held at the Guantánamo detention center." (NYT)

Mr. Obama and Ahmed Khalfan Ghailani are TREASONERS sharing in the crime of TREASON.

Mr. Obama knows Ahmed Khalfan Ghailani's TREASON results from Ghailani's warring against the United States.

Mr. Obama knows his TREASON results from his condition as a foreign-born domestic enemy.

Mr. Obama adheres to enemies of the United States.

Mr. Obama gives aid and comfort to the enemies of the United States.

Mr. Obama admits to me he was born in Kenya.

I'll go out on a limb here sharing my belief that Ghailani was born on the African continent as well as Mr. Obama.

We know with certainty Ghailani--like Mr. Obama--was not born in the United States.

We know with certainty that Army Ranger, Staff Sergeant Raymond Lee Girouard and Sergeant of Marines Lawrence Gordon Hutchins--unlike Mr. Obama and Ghailani--were born on American soil.

We know other members of our American armed forces--locked up today in military prisons such as Fort Leavenworth--were born in the United States.

I called U.S. Senators Corker and Alexander yesterday. I called U.S. Representative John Duncan. The three men are my Tennessee legislators at the federal level. I called state legislators Senator Randy McNally and Representative Jimmy Matlock.

I also called Tennessee State Representative Frank Nicely. Rep. Nicely does not represent me but has taken a stand against Mr. Obama's citizenship status.

Here I put to you the same question I put to my state and federal law makers:

Why is foreign born Ghailani enjoying more protection under
the U.S. Constitution than men like Sergeants Girouard and Hutchins members of our U.S. armed forces and men who were born in America?

Incidentally, in case the point passed you by without notice, Mr. Obama's affording the protection of a federal court under the U.S. Constitution to Ahmed Ghailani--Mr. Obama's fellow countryman--is but another proof of Mr. Obama's TREASON.

Providing the protection of a real judge and a real jury to Ghailani is providing aid and comfort to an enemy of the United States.

Meantime, men and women of our American armed forces are locked up as innocents the result of attainder courts-martial where guilt is the living thing.

Real judges and juries who preside over the federal courts in places like New York are not employed in an attainder courts-martial convened anywhere.

Then this chilling observation: In but another application of Mr. Obama's rules of men, a policy and practice of attainder for all Americans is currently being discussed in the White House.

The White House! A venue whereupon Mr. Obama has taken up illegitimate residency.

Allow me to gently suggest

We The People!

force state and federal law enforcement officials and state and federal law makers to serve upon Mr. Obama this evicition notice.

WHAT ARE YOU PREPARED TO DO?

HERE ENDTH THE LESSON!

Copyright © 2009 The JAG HUNTER

US military commissions: neither court nor tribunal

Military commissions [and U.S. courts martial] also allowed second-hand evidence, that is to say the presentation of witness statements without the presence of the witness in the courtroom to be challenged on his testimony. Normal US courts would reject such evidence as "hearsay."

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

DANGER...DANGER...DANGER WILL ROBINSON!

Spitting on the Constitution again, Navy Department detectives engage in civilian community police work.

Conspiracy involving gang yields 40 arrests

Naval Criminal Investigative Service special agents involved themselves in a civilian police action. Three Marines and one Navy sailor face attainder courts-martial.

Murtha Rival Says Congressman's Top Aide Threatened to Have Him Court-Martialed

Bill Russell, an Iraq war veteran who served with the Army, says Rep. John Murtha's chief of staff threatened to have him court-martialed when he ran against the Democratic congressman in 2008.

A crisp salute to Sergeant of Marines Tim Harrington

Marine Sergeant Reinaldo Pagan to face attainder court-martial

NATIONAL SECURITY

Secretary Condoleezza Rice Defends Enhanced Interrogations...

FROM A COMMENT POSTED IN RESPONSE TO THIS WASHINGTON POST ARTICLE:

"We were also told that we could not legally refuse any orders,
legal or not, without being subject to Court-Martial. We were also told that we could defend ourselves at the Court Martial by questioning the controversial order(s). Probably we would lose, probably would not really alter anything."