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To: xkaydet65; babygene
It would appear that the UCMJ allows for just as broad a range of discovery as civil law:

"“Providing broad discovery at an early stage reduces pretrial motions practice and surprise and delay at trial. It leads to better-informed judgment about the merits of the case and encourages early decisions concerning withdrawal of charges, motions, pleas, and composition of court-martial. In short, experience has shown that broad discovery contributes substantially to the truth-finding process and to the efficiency with which it functions. It is essential to the administration of justice; because assembling the military judge, counsel, members, accused, and witnesses is frequently costly and time consuming, clarification or resolution of matters before trial is essential.” MANUAL FOR COURTS-MARTIAL, United States, RCM 701 analysis, app. 21, at A21-33 (2008) [hereinafter MCM].
45 posted on 04/20/2010 8:40:11 PM PDT by shibumi (FReepMail me to get on the "Hippo Attack" ping list!)
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To: shibumi

The article mentioned that his commanding officer told the LTC that he may be facing hard labor. They are saying he will be court martialed but because of discovery I bet they back down.

If they back down then we know Obama is NOT eligble. Every one of these cases just piles on more evidence to the military that this guy is an usurper.


53 posted on 04/20/2010 8:46:59 PM PDT by Frantzie (McCain=Obama's friend. McCain & Graham = La Raza's favorite Senators)
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To: shibumi
I don't disagree that the UCMJ provides as wide a range of discovery as civilian trial, but I believe the court will tell the defense that it will accept the verdict of the US Congress in the matter of Obama's eligibility. IMO the only judicial arena where Obama could be required to provide his BoE is if the case went to SCOTUS. And SCOTUS would have to agree to accept the case.

I think the only potential avenue is one such as is being proposed in Ariz. And that is two years down the road.

61 posted on 04/20/2010 8:50:47 PM PDT by xkaydet65 (Never compromise with evil! Even in the face of Armageddon!! Rorshach)
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