Senator GRAHAM CENSURED by Army Court!

[fooj]

http://blogs.abcnews.com/theblotter/2006/09/senator_graham_.html


Sen. Lindsey Graham (R-SC) has been censured by an Army court on the same day he agreed to a deal with the White House outlining new provisions for military justice in cases involving suspected terrorists.

The U.S. Court of Appeals for the Armed Forces yesterday held that Sen. Graham violated the Incompatibility Clause of the Constitution when, as a Reservist, he sat on the Air Force's intermediate appellate court while also a member of the Senate.
<snip>

OUCH. Can you say MILITARY SMACKDOWN? Apparently, "double-dipping" is a big NO-NO. Here's an interesting tidbit...

<snip>
It is unclear if the government will seek to appeal. If it doesn't, Graham would have to give up his certification as an appellate military judge.
<snip>

:spank:

[DoYouEverWonder]

1. Graham is a lawyer

and a lawyer should have known better. What other rules and laws does Graham ignore.

[NNN0LHI]

11. Actually he is a reserve appellate military judge

He really should know better.

The nice thing is he will have no defense at his trial. No pleading ignorance or anything.

Don

[stepnw1f]

2. They Place Party Politics Above their own Country

in a way, his compromise was treason to the Constitution, just to try to give Bush a pass on War Crimes.

[ShortnFiery]

3. There's alway the bad, but The Professional Military

tend to "cherish" the Rule of Law. Sure, RHIP (Rank Has It's Privileges), but many good leaders know that you will squander good order and morale by letting the superiors get away with breeching the UCMJ (Uniform Code of Military Justice). In addition, he swore an Oath (TWICE - senate / officer corps) to support and defend The Constitution. ;)

As we noted, there are some Military Lawyers with integrity ... seemingly against all odds. :patriot:

[malaise]

4. The Senat should expel him

Good to see the Army waking up.

[Skidmore]

14. Any Senator agreeing with him should be expelled from the

Senate, but it will take voters to do this. I don't care what party they are in--this is immoral and reprehensible and this compromise should not be allowed to go through.

[fooj]

5. This is how I read this...

If the GOVERNMENT (Little Lord Pissypants and Co.) DOESN'T seek an appeal...he'll lose his certification as a judge, yes? Well, I just wonder how much of that reality played into this FIASCO torture bill. Mavericks, my ass.

From what I have read...this new "torture" bill only covers the Pres, VP and the "higher-ups"...military and CIA be damned. They hung them out to dry. How fricking typical.

[gumby]

6. Lil Lindsey has always been a phony.

Oh, how he supposedly wrestles with his conscious in public!!!

Oh, how he gets teary about the issues!!

Oh, what a puny, teary-eyed excuse for a defender of Military Justice or the Constitution!!

Oh, what a sorry excuse for an American!!

[fooj]

8. He's a treasonous traitor. I hope he pays dearly for this.

I wonder how much of this they held over him throughout the "negotiation" phase? Assholes.

[gumby]

12. I wonder too.

It looks like, once again, Jr. Hit The Trifecta; Graham, McCain, Warner.

Fucking traitors.

[UTUSN]

7. K&R for "rubbing eyes" n/t

[MADem]

9. He probably COULD keep his designation as an appelate military judge

But he'd probably have to unload that Senate seat to so do.

But you have to love the level of abject DENIAL the GOP engages in; this bit of horseshit being a prime example. You note the sky is blue, and they vehemently insist it isn't at all, and never was, and how dare you suggest such a thing, and oh, you're imagining it all:

Sen. Lindsey Graham (R-SC) has been censured by an Army court .... A spokesman for Sen. Graham, Kevin Bishop, said the ruling was not a censure or a rebuke of "any kind."

[pacalo]

10. Notice the writer of the article pointedly included the word "censured"

in the headline, totally disregarding Graham's "spokesman's" denial of censureship: "A spokesman for Sen. Graham, Kevin Bishop, said the ruling was not a censure or a rebuke of 'any kind.'"

When it comes to what's best for the country, don't be fooled by Graham's motives. He's a partisan hack through & through & he does what's best for the Rethugs. With the Constitution & Geneva Conventions in hand, he even stepped on the JAGs' sense of right & wrong to get what his thug-in-chief wanted.

[gumby]

13. Made me shiver.

"he even stepped on the JAGs' sense of right & wrong to get what his thug-in-chief wanted."

:puke:

[troubleinwinter]

15. Interesting snippets from the decision:

The fact that a Member of Congress sat as a judge in this criminal case relates to the rights and liberties of a specific individual, Appellant.

Under the Government’s theory of standing, no citizen could cite the Incompatibility Clause in challenging a governmental decision bearing directly on the life, liberty, or property of the citizen. Members of Congress could serve as the heads of departments and regulatory agencies, simultaneously participating in the passage of legislation and in the execution of the laws. A person against whom such a law was executed, under the Government’s theory, could not challenge the participation of Members of Congress in the enforcement and adjudication of rights under such laws. Under such a regime, the structural integrity of the Constitution would rest on a gravely weakened foundation.

Service by a Member of Congress performing independent judicial functions runs afoul of the fundamental constitutional principle of separation of powers.

The legal defect here is in the assignment of a Member of Congress to be a judge on the Air Force Court of Criminal Appeals. The assignment of a Member of Congress to serve in such an office violated the Incompatibility Clause, a provision essential to the structural integrity of the Constitution.

.pdf file court decision: http://www.armfor.uscourts.gov/opinions/2006Term/05-0260.pdf

[fooj]

16. What Constitution?

Service by a Member of Congress performing independent judicial functions runs afoul of the fundamental constitutional principle of separation of powers.

I hope the treasonous, rat bastard rots in hell for this. Eternity isn't long enough.:grr:

[BlueJac]

17. This should not amaze anyone......

He has no integrity and he keeps showing it.

[Lasher]

18. Graham's only penalty would be to stop breaking the law?

Graham would have to give up his certification as an appellate military judge.

That's all? It's like if I got caught robbing banks, my only penalty would be I would have to stop robbing banks. What is his penalty for having corrupted the appellate court with his simultaneous participation in both the legislative and judicial branches of government? It doesn't look like there is any.

Maybe there will be meaningful sanctions levied by a Senate ethics committee. Ha ha, that's a joke.

[BornagainDUer]

19. I wonder how they threatened McCain and Warner?

I'll bet they did

[Swamp Rat]

20. k&r