[BlueNgold]

I'm curious if this issue raises Separation of Powers problems. I would hate for The Good Senator to be forced to recuse himself from judicial confirmation votes because of this selection.

[wimpycat]

I think they've probably already thought of that. But Graham would be a reserve military judge. Military courts are a different animal.

[Dog Gone]

I don't think Senators have to recuse themselves on any vote. Has Ted Kennedy ever recused himself on bills involving drunk driving?

[musical_airman]

I don't think that it will cause any separation of powers problems. As a senator, Sen. Graham deals with and is subject to constitutional law. While on duty as an USAF Judge, He deals entirely with the UCMJ- based on the constitution, but not the constitution- it's a completely different set of laws. There is no conflict of interest.
On a side note, I always thought that it was funny that all the folks who whine and complain about their Constituional rights being messed with (democraps) always forget (especially with regards to how they handle issues relating to the military) that the folks who put their lives on the line defending American Constitutional rights, do not have the same Constitutional rights they defend.

[dwd1]

The Military Court of Appeals is completely separate from any appeals that go through civilian channels... The court only hears appeals from those subject to the Uniform Code of Military Justice...

And congressional personnel serving in some reserve military capacity is quite common (Not too many lawyers get in combat, anyway)... I am not sure but I think Steve Chabot may still have some military obligation...

And you have to remember also, that all commissioned officers are subject to recall to military service for the rest of their lives (unless they really do something stupid)..