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Marine charged in civilian court with voluntary manslaughter at Fallujah seeks dismissal of charges
Defend Our Marines ^ | April 22, 2008 | Nathaniel R. Helms

Posted on 04/22/2008 2:57:39 PM PDT by RedRover

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1 posted on 04/22/2008 2:57:39 PM PDT by RedRover
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To: 4woodenboats; American Cabalist; AmericanYankee; AndrewWalden; Antoninus; AliVeritas; ardara; ...

2 posted on 04/22/2008 2:58:35 PM PDT by RedRover (DefendOurMarines.org | DefendOurTroops.org)
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To: RedRover

“no bodies, no names, no grieving relatives, no civilian witnesses, no crime scene, and no physical evidence”

Guilty!/sarc


3 posted on 04/22/2008 3:01:31 PM PDT by dynachrome (Immigration without assimilation means the death of this nation~Captainpaintball)
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To: dynachrome

Hard to believe that charges were brought. Hope the judge will see reason and toss out the case.


4 posted on 04/22/2008 3:05:53 PM PDT by RedRover (DefendOurMarines.org | DefendOurTroops.org)
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To: RedRover

Nazario was a Drill Instructor. Do you know if that was before or after the battle at Fallujah?


5 posted on 04/22/2008 3:11:59 PM PDT by Lancey Howard
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To: RedRover

Exactly, this whole thing really stinks!


6 posted on 04/22/2008 3:12:34 PM PDT by jazusamo (DefendOurMarines.org | DefendOurTroops.org)
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To: RedRover

What in the H is a federal Civilian Court doing in military Combat in a foreign country?

The federal anti-American Prosecutor should be fired immediately.


7 posted on 04/22/2008 3:23:17 PM PDT by YOUGOTIT (The Greatest Threat to our Security is the Royal 100 Club)
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To: RedRover

Mad as hell!WTF over.


8 posted on 04/22/2008 3:24:40 PM PDT by HANG THE EXPENSE (Defeat liberalism, its the right thing to do for America.)
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To: RedRover
Write your elected representatives and request that these two be fired.
9 posted on 04/22/2008 3:35:29 PM PDT by YOUGOTIT (The Greatest Threat to our Security is the Royal 100 Club)
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To: RedRover
“Nazario, now a civilian without any military obligation, was charged under the Military Extraterritorial Extradition Act (MEJA), a law passed by Congress in 2000 to give government prosecutors a mechanism for charging civilians and former service members for alleged criminal acts they committed while serving overseas. “

Another crap law passed by the know nothings in Congress. With laws like this, who the hell would want to volunteer for the Armed Services anymore.

We won't be happy until our ability to use the armed forces grinds to a halt under the weight of litigation SNAFUs like this.

10 posted on 04/22/2008 3:37:50 PM PDT by headstamp 2 (Been here before)
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To: Lancey Howard

I don’t know but will find out.


11 posted on 04/22/2008 3:57:23 PM PDT by RedRover (DefendOurMarines.org | DefendOurTroops.org)
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To: RedRover

One ugly little word says it all: Fallujah.

Look it up judge.


12 posted on 04/22/2008 4:05:42 PM PDT by lilycicero (Whiskey Tango Foxtrot.....no nerf guns allowed.)
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To: lilycicero

Aye.


13 posted on 04/22/2008 4:37:24 PM PDT by RedRover (DefendOurMarines.org | DefendOurTroops.org)
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To: RedRover
Nazario, now a civilian without any military obligation, was charged under the Military Extraterritorial Extradition Act (MEJA), a law passed by Congress in 2000 to give government prosecutors a mechanism for charging civilians and former service members for alleged criminal acts they committed while serving overseas.

How did this bill (Senate version PDF) House Version PDF) The House version of the bill, the provisions of which are what made it into law, was sponsored by Rep. Saxby Chamblis (R GA-8, now R Senator from GA) with cosponsor Bill McCollum (R FL-8, Now FL Attorney General) It passed the House by a voice vote, thus no record of who voted for it. In the Senate there was a companion bill sponsored by Senator Jeff Sessions (R AL) with cosponsors Mike Dewine (R OH), Zell Miller (D GA (DINO) and Bob Smith (R/I NH). However without doing a side by side comparison, I don't know how it differed from the final bill passed by the Senate, which had the language of the House bill substituted for the original Senate language. That version, with the House language passed "without objection", so again no record of the vote.

Really Lame Duck Billy Jeff (D Ark now Harlem NY) signed the measure on Nov. 22, 2000, after Al Gore lost the 2000 election, but before the Flim Flam in Florida and the Supreme Court's slapping down of that.

So a nice bipartisan screwing of US Servicemen serving in a war zone.

To be fair, I don't think the Congress had actions committed during combat operations in mind when they passed this law. More like crimes committed by troops, DoD Civilians and DoD contractors "in garrison" such as in Korea, Japan, England and Germany at that time.

14 posted on 04/22/2008 5:13:57 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: RedRover
Assistant US Attorneys Jerry A. Behnke and Charles J. Kovats represented the government in Nazario’s motion hearing. They argued that MEJA is specifically tailored to prosecute former service members who allegedly committed crimes while serving in combat.

The law doesn't mention "combat" only "serving outside the United States".

If McCain somehow manages to dodge all the minefields and gets elected President, his first act should be to fire these Assistant US Attorneys peckerwoods.

His next act, now, should be to introduce legislation to amend the law to exclude actions committed during combat or in a combat zone, from trial in Civilian courts. And to make all trials of former service members be conducted in Military Courts, not civilian courts. People can always be recalled to active duty for trial.

15 posted on 04/22/2008 5:20:47 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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What low, vile, disloyal bastards these US attorneys are! Are there no real criminals to prosecute in California? Prosecuting a marine for a killing that may or may not have taken place on the battlefield three years ago? There's no evidence here to merit ANY charges. Yet they are determined to ruin this hero's life. This is not right. The hack O’Brian is a Bush appointee. He does nothing all day but preen for photo ops. If this prosecution prospers NO member of the Armed Forces will be safe from agenda-driven political prosecutions in the future.
16 posted on 04/22/2008 5:20:47 PM PDT by Godwin1
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To: RedRover

“Nazario, now a civilian without any military obligation, was charged under the Military Extraterritorial Extradition Act (MEJA), a law passed by Congress in 2000 to give government prosecutors a mechanism for charging civilians and former service members for alleged criminal acts they committed while serving overseas.”

Now a bunch of ambulance chasers have set themselves up as a full time Nuremburg tribunal ! Is there any statute of limitations on soldiers getting back from a war? How many other MEJA’s are waiting in the bushes?


17 posted on 04/22/2008 5:30:12 PM PDT by haroldeveryman
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To: Lancey Howard

Nat tells me that he was a shooting instructor after Fallujah at Camp Pendleton.


18 posted on 04/22/2008 5:59:05 PM PDT by RedRover (DefendOurMarines.org | DefendOurTroops.org)
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To: RedRover

Just what the hell is the JAG trying to prove. I’ll bet you if all these alleged charges against now so many soldiers and Marines where given intense and fair coverage by the L/MSM, none of these cases would have been pursued.


19 posted on 04/22/2008 6:57:58 PM PDT by Marine_Uncle (Duncan Hunter was our best choice...)
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To: haroldeveryman

No statue of limitations on murder. Any Iraq or Afghanistan vet could be charged anytime. At least one other case is brewing and charges may be coming soon.


20 posted on 04/22/2008 7:19:31 PM PDT by RedRover (DefendOurMarines.org | DefendOurTroops.org)
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