1. See the following: http://www.freerepublic.com/focus/f-news/2005426/posts
“MEJA applies to two categories of people, those “employed by or accompanying” the armed forces outside the U.S. and those to whom the Uniform Code of Military Justice (UCMJ) – military law – applied at the time of the offense. Nazario is in that category of alleged offenders.
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.”
2. I think I said that the UCMJ SHOULD be enough in this case. The UCMJ has long allowed double jeopardy for an ACTIVE member of the military to be tried by a civilian court and subsequently by a military court (even after being acquitted by the civilian court). What I don’t like is the provisions of the MEJA which keeps FORMER soldiers in perpetual jeopardy of being brought up on “murder” charges in a CIVILIAN court for actions performed in combat.
I think that Asst. US Atty’s Behnke and Kovats need to be fired. I do not know if they are “hold overs” from the Clintons (Bush's BIGGEST mistake, trying to make nice with demo-rats) or whether they are “Johnny Suttons” looking to score political points, but these asses need to be fired.
If he was “recalled” to active service for prosecution then these “prosecutors helpers” should have shut the hell up and let the UCMJ take over!
So now, are we going to start prosecuting WWII vets from the Normandy invasion who “possibly” were involved with the execution of prisoners? We know that, according to many documentaries and other evidences, it MAY have happened. Are these two hero's of the law going to start after 86 year old Pfc. Joe Blow from Omaha or Utah beach?
These lawyers are bastards and give ALL lawyers a bad name.