US Civilians Can Now Face Military Tribunals

[kpete]

Posted Tuesday, January 16th, 2007 at 2:18 am

A last-minute provision, added to a federal spending bill during the final days of the 109th Congress, makes civilians eligible for military court trials. The provision was sponsored by Republican Senator Lindsey Graham of South Carolina, and makes civilian government employees and journalists eligible for prosecution under the Uniform Code of Military Justice. “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.”

The provision was recently signed into law by President Bush, whose administration has previously accused civilians of treason and “giving comfort to our enemies”. In military court trials, the defendant does not receive a grand jury hearing and is tried by members of the military, rather than by a jury of their peers. Up until now, civilians could be tried under the military code only during a declared war. However, neither the operation in Afghanistan nor the one in Iraq have been officially declared as wars.

more at:
http://www.jwharrison.com/blog/2007/01/16/us-civilians-can-now-face-military-trials/
http://www.washingtonpost.com/wp-dyn/content/article/2007/01/14/AR2007011400906.html?nav=rss_email/components

[whistle]

1. Does this mean the country is now under martial law?

[TechBear_Seattle]

3. Essentially, yes.

In the interest of "national security" (read: preventing the Junta from being charged with war crimes and crimes against humanity), the guarantees of the Constitution can be discarded.

So yes: it is now fascism.

[Solo_in_MD]

13. No, its an example of good intentions gone wrong

The goal was to make Americans supporting US troups (mercs, truck drivers, etc) accountable to the same standards as the military when in country. The wording could use some work...

[Morgana LaFey]

20. Yeah, like "journalist"

that word could be DELETED.

I'm not in favor of this provision in any case and am not totally comfortable with your assertion that it's "good intentions." FASCIST intentions if you ask me. If Govt Employees can be tried under UCMJ, then IMO they've just been drafted -- by force.

[TechBear_Seattle]

2. Congress had damned well better recind this

Better yet, propose a Constitutional amendment that says: "No person held under the authority of the United States of America shall be denied any right or protection guaranteed by this Constitution."

[thefool_wa]

4. That's one of the best ideas I have ever heard

No shit!

:applause:

[mmonk]

8. I don't think it's listed in the 100 hours plan

and is thus probably seen as unpopular by the party bossess to reverse this assault on our rights (not sexy enough for them). I hope I'm wrong as there is clearly some that do oppose this but it seems Dinos primarily carry the day these days.

[leveymg]

5. I guess the Joint Chiefs can order Bush and Cheney arrested and tried now.

Wouldn't that be ironic.

[Waya]

6. Where the hell am I living?

1930's Europe? Communist China? WTF is going on here and how long are 'We, The People' going to take it? I just love the way they sneak this into some Bill or other and we do not hear anything about it until it is a done deal.

Maybe the time is rapidly approaching where the "many' have to make it clear to the 'few', in unmistakable terms, that this Bullshit has gone far enough. When are we gonna stand up and say 'No more' and mean it?

[MadHound]

7. This is going to have a drastic chilling effect on journalism

Whatever real news we were getting from Iraq will now be shut off, under threat of courtmartial. This also makes it easier for Bushboy to declare such people "enemy combatants" and deprive them of all rights.

A travesty of justice, and sadly one that will probably migrate to the larger US population as a whole.

[leveymg]

9. Newsflash: Hell has already frozen over

There's little mainstream journalism left to be chilled in this country.

[MadHound]

10. Yes, thank you, I do realize that

However my comment was directed towards what little, mainstream and otherwise, that is left.

But hey, thanks for pointing out the obvious.

[leveymg]

11. Those who care enough will continue to report - the rest will continue to get paychecks

That does seem to be the emerging new dichotomy - toe the corporate news line, or get fired. There's little or no need to threaten most MSM "journalists" with GITMO. The threat of losing their anonymous sources and cushy jobs is quite enough to silence all but a handful.

[Marie26]

12. So what's a "contingency operation"?

The article says that this bill is meant to be applied in Iraq & Afganistan, but it actually applies during any "contingency operation". So what would that be? The bill refers you to 10 USC 103(a) for a definition:

The term "contingency operation" means a military operation that--
(A) is designated by the Secretary of Defense as an operation in which members of the armed forces are or may become involved in military actions, operations, or hostilities against an enemy of the United States or against an opposing military force; or
(B) results in the call or order to, or retention on, active duty of members of the uniformed services under section 688, 12301(a), 12302, 12304, 12305, or 12406 of this title (10 USCS § 688, 12301(a), 12302, 12304, 12305, or 12406), chapter 15 of this title (10 USCS §§ 331 et seq.), or any other provision of law during a war or during a national emergency declared by the President or Congress.

The new Defense Bill changes 10 USC 802, which states who can be subject to military justice.

a) The following persons are subject to this chapter (10 USCS §§ 801 et seq.): ((Code of Military Justice))
........
(10) In time of declared war or a contingency operation, persons serving with or accompanying an armed force in the field.


It looks like a "contingency operation" covers any military action (whether approved by Congress or not). It also covers domestic disturbances & national emergencies. Chapter 15 is the Insurrection Act, which gives the President the right to order state National Guard troops to put down a rebellion. It LOOKS like, under this title, civilians arrested during a domestic national emergency/disaster could be subject to this provision as well. And didn't the Defense Bill also expand the Insurrection Act & rescind Posse Comitatus? It seems like they are trying to expand the power of military justice & military operations within the US, as well. On the plus side, the military justice provision only applies to civilians accompanying an armed force - not any civilian. On the minus side, journalists who are covering any military operation, foreign or domestic, could be subject to this law.

The Defense Bill strikes out numerous statutes that refer to "war" or "Operation Iraqi Freedom", & replaces it w/this vague "contingency operation." They are trying to expand the sphere in which military law applies. Maybe they also want to make sure the law applies during future undeclared wars, as well. I dunno if Bush is trying to become a dictator, but if he were, this law certainly helps out.

[windbreeze]

21. perhaps even more important is

who makes the determination as to whom is an "enemy of the United States" in the first place...or....what constitutes a "national emergency"??? would a Katrina measure up as a national emergency??? He keeps trying to take complete control of the NG...and effectively become a dictator...is he succeeding??....(looks as though he's also getting prepared to put down any revolution we might decide it's time to have)
wb

[Cass]

14. Journalists are covered by this.

Remember how they were up in arms about the NYT publishing info about that spying program? Imagine the damper this will put on a free and independent press with the threat of being hauled in front of military tribunal for publishing information *they* deem treasonous. This is a great way to muzzle the press. This is very frightening and I hope the new Congress will get this straightened out right away.

[OneBlueSky]

23. undoubtedly the scariest development yet in BushCo's war against civil liberties . . .

when journalists are subject to military tribunals, we are very, VERY close to a fascist dictatorship in this country . . .

the Congress MUST act to overturn this provision immediately . . .

[roamer65]

15. Lest anyone think that the Rethug Lindsey Graham...

is a moderate, think again. I can't stand that moron.

[DemReadingDU]

16. afternoon

K&R

[reprehensor]

17. x

:(

[happydreams]

18. Flimsy Graham, that putrified sleazy little ball of shit!!

That motherfucker, or fatherfucker has always made me ill!
Somebody has him by the balls in the Bush Admin. His clamoring for more war in Iraq has a shrill, forced quality to it.

[mzmolly]

19. My gawd. And people say comparing Republicans to Nazi's is over the top?

Were it not for term limits, we'd be on our way ...

[MisterP]

22. hellllooo Freisler!

[bananarepublican]

24. Why can't we continue to 'moon' military tribunals?

Let's have some fun...

Q. Since when has America become 'Amerika' (the name of Hitler's personal train)?

A. Ah, well, since Bush and Cheney! (One line of thought... no further questions... guilty as charged.)

Q. In your opinion should Bush and Cheney be sent to a secret prison?

A. No sir!

Q. Why not?

A. As a volunteer soldier defending 'truth, justice, and the American way', I believe people deserve their day in court.

Q. Would Bush and Cheney prefer 'truth, justice, and the American way' or a secret prison?

A. Since they control the secret prisons... WTF do you think?