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Main Page U.S. civilians can face military trials
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Posted by: CJIS

U.S. civilians can face military trials

Jan. 15, 2007 at 10:31AM

A last-minute addition to a federal spending bill at the end of the last U.S. Congress now makes civilians eligible for military courts-martial.

With the addition of just five words, the provision sponsored by Sen. Lindsey Graham, R-S.C., was signed into law by President Bush, and makes civilian government employees and journalists eligible for prosecution under
the Uniform Code of Military Justice, the Washington Post reported Monday.

"Right now, you have two different standards for people doing the same job," Graham said. "This will bring uniformity to the commander's ability to control the behavior of people representing our country."

Legal experts say the change will likely raise constitutional challenges, as civilians prosecuted in military court don't receive a grand jury hearing and are tried by members of the military, rather than by a jury of their peers.

Until now, civilians could be tried under the military code only during a declared war, but neither operations in Afghanistan nor Iraq involve such a declaration.

Posted by: SOT

That's nuts. UCMJ is for the military...end of story. It violates the spirit Posse Comitatus Act

Posted by: mpd61

Quote:

Originally Posted by SOT_II

That's nuts. UCMJ is for the military...end of story. It violates the spirit Posse Comitatus Act

Arguably your right, BUT Posse Comitatus only speaks to preventing the use of MILITARY personnel to enforce laws over civilians.

Strictly from the Judicial Branch of things, I suppose the Legislative Branch could do this and the civilians could be tried as such. I guess you would have to have any civilians arrested by DIS, CID or DOD cops/investigators to fly though? Wierd eh?

Posted by: SOT

Here's my theory. If you are going to be tried under UMCJ, who is going to be the judge, jury, defense and prosecution? (JAG peeps) Military personnel which would then be the military enforcing laws over civilians.
Ever see a civilian lawyer who has no military experience negotiate the UCMJ in court?

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