re: "Obama, Libya Bombing and the UCMJ"

Sean Osborne, Associate Director at the Northeast Intelligence Network ("Investigating threats to our homeland") follows the logical consequences.

Money quote(s):

"President Obama fully and intentionally skirted the U.S. Constitution in illegally ordering the Pentagon to commence acts of war against Libya. In light of this fact President Obama’s orders to the U.S. military to execute these attacks in Libya constitutes an illegal order under the Uniform Code of Military Justice (UCMJ).

Members of the US Armed Forces who obey illegal orders are subject to criminal prosecution." (Emphasis in original text. - CAA)

A similar thought had crossed my mind. We're really in uncharted waters here; up until now presidents have been pretty careful about following the forms of, for instance, the War Powers Act, even if they've denied its Constitutionality.

"The UCMJ allows for the disobedience of illegal orders because such orders constitute a crime, or be part of a criminal conspiracy, either under military, civilian or international law."

Will we see a sequel to H.R. McMasters' classic "Dereliction of Duty" that addresses this someday? Given the current over-lawyered condition of our military and naval forces, it approaches undeniable implausibility that some staff judge advocate hasn't looked at their principal's legal exposure in this regard.

S&S - Sergeant major in Europe faces sexual assault trial

From my archive of press clippings:

Stars and Stripes

Sergeant major in Europe faces sexual assault trial


By Nancy Montgomery, Stars and Stripes


European edition, Friday, March 5, 2010


HEIDELBERG, Germany — One of U.S. Army Europe’s highest-ranking sergeants will be court-martialed on charges of aggravated sexual assault and maltreatment of a young specialist, according to military officials.

Read the whole article here.

Snippet(s):

"The case of Sgt. Maj. Garry Tull was referred on Wednesday to a general court-martial by the V Corps commander, Brig. Gen. Michael Ryan, a month after the sergeant major’s Article 32 hearing, according to public affairs officials. Article 32 hearings are held to determine whether enough evidence exists to prosecute a case."

&

"According to the charge sheet in the case, Tull caused the specialist to “engage in sexual intercourse … by abusing his military position, rank and authority to affect the military career” of the woman."

S&S - Contractors oppose move to end immunity from Iraqi law

From my archive of press clippings:

Stars and Stripes

Contractors oppose move to end immunity from Iraqi law

By Joseph Giordono, Stars and Stripes

Mideast edition, Saturday, July 5, 2008

Contractors working for the U.S. military in Iraq say a move to end their immunity from Iraqi law would make many leave their jobs instead of face a justice system they do not trust.

Read the whole article here.

Snippet(s):

"Earlier this week, the Iraqi foreign minister, Hoshyar Zebari, said the immunity issue was one of the American concessions made in ongoing negotiations over a long-term security agreement.

Since the announcement, contractors — both current and former workers in Iraq — have been buzzing about its implications.

There are an estimated 180,000 foreign contractors working in Iraq, more than there are U.S. troops in the country.

More than 1,000 have been killed."

"Under a provision instituted shortly after the invasion, security contractors have been immune from Iraqi law.

Under a change to the Uniform Code of Military Justice, they can now be charged and tried in military courts."

&

"Debate over the status of contractors peaked last year when guards with the Blackwater security company allegedly shot and killed 17 people in a Baghdad incident. Iraqi officials say the guards shot indiscriminately; Blackwater officials have said their guards came under attack."