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« Someone Tell Rosie And The Truthers! | Main | Carbon Offset Fraud »

Monday, April 30, 2007

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canuckistani

Too many people weighing in on this that don't know what their talking about. They all look like fools.

Kelly

One word comes to mind, typical.

MOGS

Vee-Dub:

You asked Pidge for a little analysis on the law regarding the Watada case, and while neither of us are JAGs, here the law as I understand it:

The case against Watada is actually very narrow, very specific, and has little to do with the legality of the war itself or his opinion of it:

Near as I can tell, he is charged, specifically, with a violation of Article 87 of the UCMJ (Title 10 US Code, for those keeping score) "Missing Movement" - in order to find a verdict of "guilty" the gov't must prove guilt in each and every element of the article:

"“Any person subject to this chapter who through neglect or design misses the movement of a ship, aircraft, or unit with which he is required in the course of duty to move shall be punished as a court-martial may direct.”

Elements.

(1) That the accused was required in the course of duty to move with a ship, aircraft or unit;

(2) That the accused knew of the prospective movement of the ship, aircraft or unit;

(3) That the accused missed the movement of the ship, aircraft or unit; and

(4) That the accused missed the movement through design or neglect.

IOW - the order for Watada to must with his unit, and get on the military transport, is a lawful, legal order and must be obeyed.

The order to move ITSELF, is the order in question. An order telling the hopefully soon to be ex-LT to get on a plane or boat...there ain't nothing illegl about that. His opinion of the war itself, if the gov't keeps the charges and specifications to this point, is immaterial.

There is also Article 92, Failure to Obey Order or Regulation - he is probably being charged with that as well.

Seems pretty straightforward so far...

What might be more difficult, and may actually open the case up to discussions of the war itself are charges of violating Article 88 (Contempt towards officials), the general Article 134, or Article 133, Conduct Unbecoming (for good measure)

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