Because Nazario had completed his military obligation on Oct. 11, 2005, and had no pending Reserve commitment, the Corps had no legal avenue to charge him under the Uniform Code of Military Justice. Instead, NCIS contacted the U.S. Attorney’s Office, which filed federal charges under a little-known law, the Military Extraterritorial Jurisdiction Act. A federal grand jury indicted him on two counts of voluntary manslaughter.
MEJA, which Congress approved and which took effect in 2000, extends military jurisdiction to members of the armed forces who “engage in conduct outside the United States that would constitute an offense punishable by imprisonment for more than 1 year if the conduct had been engaged in within the special maritime and territorial jurisdiction of the United States.”
The government decided the law applied to Nazario’s situation.
“The killings in this case were unlawful because they violated clearly established law of war,” U.S. Attorney Thomas P. O’Brien and assistant U.S. attorneys Sheri Pym, Jerry Behnke and Charles J. Kovats wrote in a brief to the court, citing the handling and killing of detainees. Since Nazario “was not acting ‘in conformity with [the president’s] orders’ the political question doctrine is inapplicable.”
Nazario’s defense attorneys asked U.S. District Court Judge Stephen Larson in Riverside to dismiss the case on grounds that included a lack of jurisdiction and inapplicability of MEJA to combat actions. The government objected, arguing the alleged actions against “detainees [who] were unarmed” represent “a defined criminal violation.”
On April 28, the judge rejected the defense’s motion and ordered the case to trial beginning July 8.
“The express language of this statute provides federal courts with jurisdiction to hear criminal cases where, as here, the alleged crime was committed prior to discharge from the Armed Services,” Larson wrote in his ruling.
Nazario’s defense attorneys contend that MEJA doesn’t address or apply to conduct during any combat action. Such prosecutions, they warn, would subject any service member to investigation and prosecution many years after alleged combat-zone crimes. Kevin B. McDermott said a comment made by a combat veteran self-medicating himself with alcohol at a bar “15 to 20 years from now ... ends up in federal court.”
“There is no end to this war for any veterans,” said McDermott, a Tustin, Calif., attorney representing Nazario. “You are on the hook forever.”
http://www.marinecorpstimes.com/news/2008/05/marine_nazario_051208w/
The question still remains why, if as the prosecution has stated in court, there is no physical evidence of any kind except the many different versions of a combat and after action situation, WHY are they going after these Marines?
My view of this entire war is that the liberal/socialist democrat party could not stand the fact that they were PROVEN wrong and now they are destroying the lives of those who PROVED the demorats to be wrong.
When will a Grand Jury be convened for PFC Joe Blow from the D-Day invasion? There is no statute of limitations on murder, why not go after the allegations of prisoner/detainee executions from 6/6-7/44?
The application of this MEJA, the actions of the judges and US attorneys where there is not even a single shred of circumstantial evidence is complete and total bull shit!