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post #31 of 39 (permalink) Old 04-20-2009, 09:02 PM Thread Starter
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Same ruling will apply.
Unfortunately I agree. I do not see the current Supreme Court doing anything other than deciding 5-4 in favor of Murtha.

You never know what Kennedy will do.

Who's John Galt.

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post #32 of 39 (permalink) Old 04-20-2009, 09:04 PM Thread Starter
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I agree on the UCMJ. I agree it will wrap soon.

If they are focusing on one enlisted Marine, I assume he was in charge of the platoon. I find that problematic in that his command structure bears responsibility for command and control of rules of engagement.

It makes me think there is something else there.
Yes lots and lots of political pressure.

There is something else at work and it is international in it origins I think. A lot of embarrassment in the area if everyone is exonerated (as the evidence will bear out I am sure.)

Who's John Galt.

"Timeo Danaos et dona ferentes" - Virgil, The Aeneid, Book 2

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post #33 of 39 (permalink) Old 04-20-2009, 09:09 PM
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Yes lots and lots of political pressure.

There is something else at work and it is international in it origins I think. A lot of embarrassment in the area if everyone is exonerated (as the evidence will bear out I am sure.)
Political pressure is one possibility. A rogue platoon, or platoon leader is another. We had that in Viet Nam. It was not pretty. There are many possibilities.

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post #34 of 39 (permalink) Old 04-20-2009, 09:10 PM
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Unfortunately I agree. I do not see the current Supreme Court doing anything other than deciding 5-4 in favor of Murtha.

You never know what Kennedy will do.
It won't go that far. Once the appeals court rules, that will be it. They can only appeal on cause, not because they don't like the ruling.

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post #35 of 39 (permalink) Old 04-20-2009, 09:20 PM Thread Starter
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Political pressure is one possibility. A rogue platoon, or platoon leader is another. We had that in Viet Nam. It was not pretty. There are many possibilities.
Well I agree with that but all the reports that say he is guilty talk of a "Calm Systematic Approach."

Much like the training we received.

Who's John Galt.

"Timeo Danaos et dona ferentes" - Virgil, The Aeneid, Book 2

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post #36 of 39 (permalink) Old 04-20-2009, 09:23 PM Thread Starter
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It won't go that far. Once the appeals court rules, that will be it. They can only appeal on cause, not because they don't like the ruling.
The issue is he was not on the floor of the house and I expect that be a huge issue in the appeal. Therefore going to cause.

I don't believe that the Congressional Freedom of Speech thing should cover this kind of speech. It was leveled at individuals and not an institution. He made statements of fact that combined with his office create an image of authority that would not otherwise be the case if someone else of a civilian variety made them.

Who's John Galt.

"Timeo Danaos et dona ferentes" - Virgil, The Aeneid, Book 2

If the Arabs put down their weapons today, there would be no more violence. If the Jews put down their weapons today, there would be no more Israel. --Benjamin Netayahu
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post #37 of 39 (permalink) Old 04-20-2009, 09:26 PM
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Well I agree with that but all the reports that say he is guilty talk of a "Calm Systematic Approach."

Much like the training we received.
Going rogue would not alter his training or his approach, just his "switch".

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post #38 of 39 (permalink) Old 04-20-2009, 09:38 PM
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The issue is he was not on the floor of the house and I expect that be a huge issue in the appeal. Therefore going to cause.

I don't believe that the Congressional Freedom of Speech thing should cover this kind of speech. It was leveled at individuals and not an institution. He made statements of fact that combined with his office create an image of authority that would not otherwise be the case if someone else of a civilian variety made them.
Here is a fair assessment of the clause.

FindLaw: U.S. Constitution: Article I: Annotations pg. 21 of 58

The issue with Murtha seems to be that his comments came at a press conference on the Iraq War. IF he was working on legislation regarding the war, stopping the war, etc, it is in a gray area where it CAN be considered "'things generally done in a session of the House by one of its members in relation to the business before it.'''. I would consider that a really fuzzy, squiggly, obfuscated line.

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post #39 of 39 (permalink) Old 04-20-2009, 09:43 PM Thread Starter
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Here is a fair assessment of the clause.

FindLaw: U.S. Constitution: Article I: Annotations pg. 21 of 58

The issue with Murtha seems to be that his comments came at a press conference on the Iraq War. IF he was working on legislation regarding the war, stopping the war, etc, it is in a gray area where it CAN be considered "'things generally done in a session of the House by one of its members in relation to the business before it.'''. I would consider that a really fuzzy, squiggly, obfuscated line.
I agree with you. That is why I see this going to the Supremes.

Who's John Galt.

"Timeo Danaos et dona ferentes" - Virgil, The Aeneid, Book 2

If the Arabs put down their weapons today, there would be no more violence. If the Jews put down their weapons today, there would be no more Israel. --Benjamin Netayahu
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