Former Marine Faces Civilian Trial for Action in Combat

[carpro]

http://www.cnsnews.com/public/content/article.aspx?RsrcID=34223

Former Marine Faces Civilian Trial for Action in Combat in Fallujah
Ex-Marine Decries Prosecution in Civilian Court

Monday, August 18, 2008
By Chelsea J. Carter, Associated Press

Irvine, Calif. - A former Marine sergeant facing the first federal civilian prosecution of a military member accused of a war crime says there is much more at stake than his claim of innocence on charges that he killed unarmed detainees in Fallujah, Iraq.

In the view of Jose Luis Nazario Jr., U.S. troops may begin to question whether they will be prosecuted by civilians for doing what their military superiors taught them to do in battle.

SNIP

"This boils down to one thing in my mind: Are we going to allow civilian juries to Monday-morning-quarterback military decisions?" said Nazario's attorney, Kevin McDermott.

 

[sag38]

Sad. It will get to where no one will want to join the military for fear of idiots in the civilian world. What business do they have judging military matters?

 

[dragonfly]

If, and I say if the things mentioned in the article are true, he should be punished.

 

[donnA]

If he needs punishing it should come from the military, civil courts have no right to judge and prosecute a soldier in a war.

 

[carpro]

This is more of the Clinton legacy for the defenders of our nation.

Democrats have no idea how to defend this nation. Obama is just more of the same.

 

[Don]

If he needs punishing it should come from the military, civil courts have no right to judge and prosecute a soldier in a war.

Unfortunately, because he's now a civilian and the incident is just now coming to light, the military has no jurisdiction over him...unless he still has some "ready reserve" time left, in which case they could "activate" him for the proceedings.

I'm torn on this one. I'm very strongly against a "radio order" that says "get it done," and then blindly following that order; however, I wasn't there, I wasn't being fired at previously, and I can't judge how much of a threat they actually considered the individuals.

 

[donnA]

Unfortunately, because he's now a civilian and the incident is just now coming to light, the military has no jurisdiction over him...unless he still has some "ready reserve" time left, in which case they could "activate" him for the proceedings.

I'm torn on this one. I'm very strongly against a "radio order" that says "get it done," and then blindly following that order; however, I wasn't there, I wasn't being fired at previously, and I can't judge how much of a threat they actually considered the individuals.

He was in the military at the time, he was not under the jurisdiction of civil courts.

 

[Don]

He was in the military at the time, he was not under the jurisdiction of civil courts.

But he's not a member of the military *now*; they've already signed paperwork stating they no longer "own" him or have responsibility for him. They'd have to re-activate him in order to have any jurisdiction over him.

It's a hinky situation, because he's technically a civilian, and we don't want to set a precedent of civilians being tried by the military.

Well, other than those that have taken action against our country, that is.

I'd have to say that the prosecutor, if he did his job correctly, consulted with the military first, and (as in several cases that I've seen) the military gave over jurisdiction to the civilian court.

However, if the prosecutor didn't do his job correctly, then this becomes really, really ominous for our troops; and I'm surprised that I haven't seen any kind of statement from the military officials.

 

[donnA]

He didn't commit the crime he is accused of as a civilian, therefore civilain courts have no jurisdiction. The military might ought to have charged him while he was still theres. A court just can not prosecute someone outside their jurisdiction. If the military no longer has jurisdiction because he is no longer in the military then they can not hand over jurisdiction, it is not theirs currently to hand over.

 

[carpro]

http://news.yahoo.com/s/ap/20080828/ap_on_re_us/marines_fallujah

Jury acquits former Marine in killing of Iraqis By CHELSEA J. CARTER, Associated Press Writer
Thu Aug 28, 6:56 PM ET


RIVERSIDE, Calif. - A former Marine accused of killing unarmed Iraqi detainees was acquitted of voluntary manslaughter Thursday in a first-of-its-kind federal trial.


The jury took six hours to find Jose Luis Nazario Jr. not guilty of charges that he killed or caused others to kill four unarmed detainees on Nov. 9, 2004, in Fallujah, Iraq, during some of the fiercest fighting of the war.

 

[Revmitchell]

Marine after Marine gets aquitted. Those who prosecute these ridiculous cases should be embarrased for bringing failed cases after failed case.

 

[carpro]

He can finally get on with his life.


Now is the time to rewrite the law so that this travesty doesn't happen again.