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To: Ditto
"Would State court would have jurisdiction before the Feds?"

No. It's clearly a federal reservation - federal property. It's complicated and there are some limited circumstances where a murder on a base could be prosecuted under state law, but this case isn't one of those cases. The military will get first crack, then the feds if Obama - and it would be Obama's decision, decides to move it to federal court.

I would very surprised if he wasn't prosecuted under the UCMJ. What will be interesting will come at the conclusion of the trial and after the exhaustion of appeals - which will take 12-36 months. Unlike a civilian federal case where the death penalty is sought, in a military dp case, the CIC will actually sign the condemned death warrant. IOW, Obama will have to physically sign a document ordering his execution. That should make for a challenging political decision for Obama.

268 posted on 11/05/2009 8:12:18 PM PST by OldDeckHand (Obamacare - So bad, even Joe Lieberman isn't going to vote for it.)
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To: OldDeckHand

Obama will pass that one on. He will find some to delay that decision.


274 posted on 11/05/2009 8:19:10 PM PST by ClayinVA ("Those who don't remember history are doomed to repeat it")
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To: OldDeckHand
No. It's clearly a federal reservation - federal property. It's complicated and there are some limited circumstances where a murder on a base could be prosecuted under state law, but this case isn't one of those cases. The military will get first crack, then the feds if Obama - and it would be Obama's decision, decides to move it to federal court.

I agree that under military law, the military via Courts Martial has first crack at this POS and can impose the death penalty. But under Federal law, unless he killed a protected Federal official (CIA, FBI, Elected Official etc.) their are no Federal capital offenses involved. Keep in mind that McVeigh was not executed for killing a couple hundred civilians in the State of Oklahoma. He was tried and convicted in Federal Court for killing a handful of protected Federal law enforcement agents.

With my meager knowledge of the law, killing a GI, or a civilian on Federal property, is not a capital offense under Federal law. But murdering anyone, anywhere, in the State of Texas, on Federal property or not, can be a capital offense.

This POS is subject to the USCMJ only because he was a member of the US Military. If he had been a civilian walking on to that base, it would only be the State Courts to impose murder charges.

291 posted on 11/05/2009 8:49:59 PM PST by Ditto (Directions for Clean Government: If they are in, vote them out. Rinse and repeat.)
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