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To: OldDeckHand
This will be interesting. Will Obama allow him to be tried under the UCMJ - where he will be certainly executed, or will he move it to Federal Court.

Would State court would have jurisdiction before the Feds?

256 posted on 11/05/2009 8:04:40 PM PST by Ditto (Directions for Clean Government: If they are in, vote them out. Rinse and repeat.)
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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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