Posted on 06/13/2007 2:03:03 PM PDT by RedRover
SAN DIEGO (AP) - A Camp Pendleton Marine accused of failing to investigate the murder of 24 Iraqis might not be eligible for prosecution.
The attorney representing First Lieutenant Andrew Grayson says Marines must be on active duty to be prosecuted under military law.
However, Grayson was discharged on June first, according to papers obtained by the Associated Press.
Twenty-six year-old Grayson is 1 of 7 Marines facing charges for the killing of men, women, and children in the Iraqi town of Haditha.
A squad of enlisted Marines executed the civilians after a bomb struck their truck convoy in 2005.
Grayson faces charges of obstructing justice, making a false official statement, and dereliction of duty for not investigating the incident.
He was to attend a preliminary hearing Monday at Camp Pendleton, where an officer will recommend whether Grayson should stand trial, but his attorney has now advised him not to appear.
The Marine Corps disputes that Grayson has been deactivated and declined to explain why he had received discharge papers.
Nice to know the Associated Press is being objective. Tried and convicted in the press before the trial even begins.
Basically, the military court may not have jurisdiction over Lt. Grayson since he is no longer an active-duty officer. IIRC, there was another kid in one of the alleged Massacres who is facing Federal charges, rather than military tribunal charges, for just the same reason.
I compare the haditha case to the Scooter Libby trial.
Its of no worth, but they are determined to find a scapegoat.
Muck like the My Lai trial when they scapegoated Lt William Calley.
Bump
Nice to know the Associated Press is being objective. Tried and convicted in the press before the trial even begins.
As the legal term is "murdered" not "executed", I'd say AP is being charitable.
HUH?? Looks like al-murthawi has talked to and convinced AP that these Marines are guilty.
Nothing like fair and well informed reporting, what a bunch of maroons!
That's the Army guy in the rape, murder incident that was discharged because of some kind of psych disorder before charges were brought by the Army.
Since nothing has been established in court, I’d say the AP has an agenda.
How ‘bout you, Ozboy? What’s your agenda? Or are you just an irresponsible fool?
Calley was guilty and deserved to hang for his crimes, instead he got a couple of years of house arrest and a pardon. Putting this Marine in his company gives Calley a legitimacy he doesn’t deserve and until there is a court-martial, undeservedly tarnishes the Marine Lt. by association.
Maybe you could fill us in, OBOY. Do you have a crystal ball, have you been talking to Tim McGirk or john murtha or are you just shooting your mouth off?
If you don’t have anything informed to say or anything to support these Marines until they’ve had their day in court, why don’t you GET LOST and STAY LOST.
Hard to imagine these charges getting flipped to a civ court. Wonder if we'll be having another "congratulations" thread before long?
If he was separated from active duty but still has a Reserves obligation, whether active or inactive like we enlisted personnel back in the old Navy (60’s), he would still be subject to the UCMJ.
However, it’s quite possible that officer ranks do not have a Reserve obligation.
Nonetheless, sounds like AP has “executed” their orders from Murtha and Co.
I tend to agree with you, Red. I find it hard to believe they’d prosecute these charges in a civ court, especially after the recommendation for Capt. Stone was no court-martial. Here’s hoping!
There are civilian analogs to all three charges. It's conceivable that, if the US Attorneys really wanted to, they could bring a Federal prosecution against him.
I just don't have the time to do legal research these days...
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.