Thin Air: Evidence Fails to Materialize in Fallujah Murder Trial

Defend Our Marines ^ | August 26, 2008 | Nathaniel R. Helms

[B4Ranch]

I may be wrong but from what I’ve read, the judge seems to be doing a fair job of this. An activist would have put Nelson and Weemer behind bars already.

[jazusamo]

That’s really good news. Sounds like the judge wants this over with more than any, I think that’s a good omen for Nazario.

Another classic, Red. :-)

[bigheadfred]

the judge seems to be doing a fair job of this

The judge is doing a hand job of this, jerking us all around.

A true American would have thrown it out on the street and then stomped it to death.

[B4Ranch]

I heartily agree but we must remember that he too is living inside the fences erected by the legal system.

[lilycicero]

Pssst. Shhhhhhhh.

Judge is moving this in the right direction....greetings and salutations my FRiend.

[Girlene]

LOL. Two interesting answers to my “docile” query.

[lilycicero]

One answer..dead....my bing bing bing was the winning ding ding ding....

[Girlene]

I can't think of a case that's been brought to our attention that hasn't at some point involved bribing one defendant to testify against another, but my memory noodles were inadvertantly weaved amongst and ultimately overrun by humor noodles, so I could be wrong.

What's a more powerful, valuable bribe than a lifetime of freedom?

Being able to sleep at night with a lifetime of a clear conscious. The judge talked about the honor and integrity of the Marines who refused to testify. In light of the horrors of their battle of Fallujah. he may have given them a stick to measure it with.

[Girlene]

One answer..dead....my bing bing bing was the winning ding ding ding....

You got the bing-ding win in my book. Sorry, bhfred.

[4woodenboats]

The judge talked about the honor and integrity of the Marines who refused to testify. In light of the horrors of their battle of Fallujah. he may have given them a stick to measure it with.

Judge Larsen is channeling Marine honor to compel them to testify in a civilian court about evidence that will certainly land them in hot water in a subsequent military hearing IMO.

Not because they've done anything wrong, but because, as the entire civilized world (and the one lawyers live in, too) now knows, we prosecute misremembering as perjury, and there's easily enough scattered recollections to send everyone involved up the river.

I can see how there could be various opinions on Judge Larsen's conduct, seeing as he is reluctant to throw these veterans of Hell House in the slammer on nothing more than Binkie's stammering and stomping.

Still, he is not protecting defendants in his court from harm that could come to them from a branch of the federal government in which he has no jurisdiction, as a result of testimony he is attempting to compel by appealing to their honor - repeatedly.

I find that neither honorable (as in "His Honor") nor particularly well thought out.

I hope he thinks this one through a bit, as the honor he is invoking is what these men are made of and live by, not a salutation repeated countless times a day.

[Marine_Uncle]

My brain is trying to wake up. Gotta to run to work shortly, but this all may go down the way we would like to see it happen.

[xzins]

They fall under the heading of spys and sabotures and can be summarily shot at will...

What an incredible take on this. The weapons, especially the discharged weapon, prove your point.

Does anyone know the right/responsibility of a lone squad in battle that overcomes a spy/saboteur? Under Geneva/Hague they CAN be executed. There's no doubt about that, but is there anything about the level of unit in combat that can make that determination?

[jude24]

Under Geneva/Hague they CAN be executed.

Not summarily. IF you're not (currently) engaged in hostilities, Geneva IV considers you a non-combatant. More to the point, Common Article III , Subsection D (which applies universally) requires some kind of due process before carrying out executions.

[xzins]

Prayers do work!...

The Chaplain in me wants to know why you ever doubted that? LOL.

:>)

[xzins]

Can a fire team convene a hearing in real time based on the facts on hand?

[jude24]

That wouldn't be due process. That would be a kangaroo court.

Problem is, Geneva IV (and the even older common art. 3 didn't anticipate guerrillas or insurgencies. Geneva IV was designed to ensure the Soviets would treat our soldiers with respect. It wasn't until Vietnam that we saw this kind of insurgency, where we found ourselves as the only party that considers itself bound by them. It's tough to expect soldiers to go along with that, when their battle buddy just got hurt.

[xzins]

The danger to this fire team was splitting their force when they had to assume that this group of foreign fighters (a fair assumption given no complaints from those who owned the house) had probably communicated their situation just prior to beginning their attempted subterfuge.

A split team with prisoners could be targeted based on that communication.

[Girlene]

Again, you make very valid points, 4wb.

Judge Larsen is channeling Marine honor to compel them to testify in a civilian court about evidence that will certainly land them in hot water in a subsequent military hearing IMO.

But..but...but...the prosecutor, Binkie (sp?) says he has an agreement with the military that the two Marines will only get a slap on the wrist. Their defense lawyers say it is not good enough since Gen. Helland did not sign off on the "agreement" that was offered by one of his SJA's. (I wonder if that was Riggs or Ewers?)

Still, he is not protecting defendants in his court from harm that could come to them from a branch of the federal government in which he has no jurisdiction, as a result of testimony he is attempting to compel by appealing to their honor - repeatedly.

Point taken.

[B4Ranch]

>Prayers do work!...

The Chaplain in me wants to know why you ever doubted that? LOL.<

Have you forgotten our Border Patrol Agents Ignacio Ramos and Jose Compean so soon?

[xzins]

Isaiah 40:31 - “Those who wait upon the Lord shall renew their strength; they shall mount up on wings as eagles..”