Marine jailed in Fallujah case [Sgt. Ryan Weemer--second Marine jailed]

North County Times ^ | June 12, 2008

[RedRover]

The previous story, regarding Sgt Jermaine Nelson, is here: Marine Jailed by Federal Judge for Refusing to Testify Against Brother Marine.

[mgc1122]

Rather than a bulwark against “hasty, malicious and oppressive prosecution,” today’s federal grand jury is a rubber stamp, leading many to agree that “a good prosecutor could get a grand jury to indict a ham sandwich.” Rep. Henry Hyde (R-IL)

Hyde was right then, and this case demonstrates he’s still correct.

[MNJohnnie]

On what legal bases does this clown of a judge claim jurisdiction. Clown should be impeached.

[RedRover]

[jazusamo]

Hope Sgt. Weemer holds out like Sgt. Nelson did, legal or not this judge is out of line.

[killermedic]

This is ridiculous. This is what all soldiers, Marines and fighting personnel are going to be held on now that those same combatants are given constitutional rights. A buddy of mine says he is not going to be looking for “intelligence” assests anymore....they are all going to die. So at some point he will probably be dragged in the muck for his actions by those interepting them as illegal because he was a player in an “illegal” war

[jude24]

MEJA - military extraterratorial jurisdiction act.

[brityank]

For reference:

PIO - United States Courts for the Ninth Circuit

Judge Larson was among several candidates recommended to the president by a local judicial nominations subcommittee created in 2001 as a compromise between the Bush administration and the state's two Democratic senators. A candidate must get four votes from the six-member committee to be considered.

A native of Fontana, Calif., Judge Larson received his B.S. in Foreign Service from Georgetown University School of Foreign Service in 1986, and his J.D. from the University of Southern California Law School in 1989. While at Georgetown, he served as a teaching assistant to Madeleine Albright, who would become secretary of state in President Clinton’s cabinet.

While the main problem in our military remains with the Generals and their staffs in DoD, the parasitic lawyers and judges never met an idea that they knew they were not qualified to comprehend.

[jazusamo]

Being able to prosecute military in federal courts is pathetic, the law should never have been changed to allow it. With no statute of limitations on murder a service member could be prosecuted years later at the whim of a disgruntled fellow service member.

[RedRover]

That's an excellent question about jurisdiction.

Nazario is out of the Corps and was charged in federal court under the Military Extraterritorial Jurisdiction Act.

Weemer also got out of the Corps but was recalled so he'd be subject to the UCMJ. But now he's in a federal jail anyway.

What's the point of the UCMJ if military members are also subject to the federal legal system for actions in combat?

[jackibutterfly]

"This is what all soldiers, Marines and fighting personnel are going to be held on now that those same combatants are given constitutional rights. A buddy of mine says he is not going to be looking for “intelligence” assests anymore....they are all going to die."

Yup! That's what that ruling says to me - Take NO prisoners, ever! No exceptions. Problem solved.

[MNJohnnie]

What crummy law. Utterly no justification for it.

[RedRover]

Doesn’t seem a little screwy that a service member could be charged under two legal systems?

[jazusamo]

It would seem when this act was passed it was only supposed to cover civilians but that changed in a hurry.

Untested Law Key in Iraqi Abuse Scandal

It would apply only to crimes committed abroad that carry at least a one-year prison term. It would affect only civilians working for or connected to the Defense Department.

So much for intended laws!

[Grizzled Bear]

“The willingness with which our young people are likely to serve in any war, no matter how justified, shall be directly proportional to how they perceive the Veterans of earlier wars to be treated and appreciated by their nation.”—George Washington.

[RedRover]

Problem solved.

No, not all. In fact, that is what the Fallujah case is all about. Marines allegedly killed insurgent prisoners. Worst case for the Marines, life in prison. Best case, a ruined life.

So much for the thanks of a grateful nation.

[jude24]

To my knowledge, MEJA has only been applied to servicemen who had been discharged before the investigation commenced. In those cases, there is no UCMJ jurisdiction.

[RedRover]

Then Sgt Weemer could be first.

The article isn’t rich with detail but a federal judge found him in contempt of a grand jury and he now sits in the county lockup—not in the stockade.

And like Sgt Nelson, he could also be charged with unauthorized leave under the UCMJ for his time in jail.

[JimSEA]

Outstanding quote!! Unfortunately, or rather tragically, the perfect accompaniment to Boumediene v. Bush is a program of war crime trials.

[jude24]

Well, not necessarily.

SGT Weemer is charged with contempt of court in a civilian court. He is a subpeonaed witness there, and his refusal to answer questions there subjects him to liability. The UCMJ doesn't have any immediate jurisdiction over that offense (Article 132 could be used, but that's not really an appropriate use of that) - but Weemer isn't charged under MEJA. Stand corrected.