[ikka]

How is it that this court has jurisdiction?

[Bryan24]

“How is it that this court has jurisdiction?”

That is what I want to know. I thought the crime had to be committed within the jurisdiction in order to charged in that jurisdiction.

[jagusafr]

That’s my question. As a JAG, I’m scratching my head on the jurisdictional issue...if he was overseas on military orders, CA has no jurisdiction, nor should the Federal District Court be stretching to exercise jurisdiction if the USMC didn’t prefer charges. The only possibility I see is that they discovered the “crime” after he’d been discharged and didn’t want to bring him back on AD to court martial him, and the Feds are pissed off that the USMC didn’t exercise jurisdiction. Still weak...

Colonel, USAFR

[TChris]

How is it that this court has jurisdiction?

It's because we have a SCOTUS in which too many justices are ignorant of / apathetic to the limits of their power.

They either don't understand the law of war or don't care that war is outside civil and criminal law.

[RedRover]

Nazario is charged federally under the Military Extra Territorial Jurisdiction Act. He had been out of the Marines for two years when the feds opened its investigation so he could not be court-martialed.

The MEJA was passed by Congress in 2000 (I believe). It was originally intended as a means of punishing military contractors committing felonies in a war zone.

There's MORE at the link.