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understandinglife Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 11:25 PM
Original message
DU Lawyers, please review and comment on this important dKos post.
Edited on Thu Jan-05-06 11:26 PM by understandinglife
Military officers ask Congress and SCOTUS to review Bush?

by Carl Nyberg
Thu Jan 05, 2006 at 08:04:16 PM PDT

For those that didn't know, I'm a former Navy officer.

While arguing with my brother about Bush, I reflected upon "supporting and defending the Constitution against all enemies foreign and domestic".

A military coup certainly isn't the solution to President Bush neglecting the checks and balances of the Constitution.

However, military officers do have a very specific obligation to "support and defend the Constitution against all enemies foreign and domestic".

Here's what I think would be allowed. A military officer can say that it appears the Commander-in-Chief may have violated the Constitution. Military officers can call for Congress and SCOTUS to make a determination.

I wrote a draft of what a sign-on letter for military officers might read like:

Letter at the link:

http://www.dailykos.com/story/2006/1/5/22416/09406


If any DU lawyers read this and don't have posting privileges at dKos, just post them here and let me know and I'll post them as comments at dKos for you.

Thank you.


Peace.

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Tuesday_Morning Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 11:32 PM
Response to Original message
1. k & r
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spindrifter Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 11:36 PM
Response to Original message
2. Same as above.
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no_hypocrisy Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 11:38 PM
Response to Original message
3. I haven't really thought about it, but I guess if there is martial law, *
could get arrested and tried in a military court. The President of the United States is civilian, not military.
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No Exit Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-06-06 03:14 AM
Response to Reply #3
10. He can get arrested and tried in a military court WITHOUT martial law
Edited on Fri Jan-06-06 03:15 AM by No Exit
being in effect.

Jose Padilla was held under the authority of a military court! Why not Junior?
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Dan Donating Member (595 posts) Send PM | Profile | Ignore Thu Jan-05-06 11:40 PM
Response to Original message
4. dear friend...
Edited on Thu Jan-05-06 11:42 PM by Dan
you are not enlisted, but a former officer - and my thoughts - always an officer.

Before this letter would see the light of day, you and fellow officers that signed this would be sitting in Leavenworth prison.

Haven't you realized that like Vietnam, a portion of (the higher ranks of the military have to play the political game - and their career depends on their buying into the Bush program) Officer corp has sold out. Their career before their men, I would suspect that a large number of the General Staff that considered the welfare of their men have been forced out by this BFEE.

edited...a little too general.
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MadisonProgressive Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-05-06 11:42 PM
Response to Original message
5. I stayed at a Holiday Inn Express last night.
Does that count? If so, then I think it's what the FF's had in mind.
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nicknameless Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-06-06 02:47 AM
Response to Reply #5
9. ?
Yours is the 2nd reference I've heard to "Holiday Inn Express" in the last couple weeks. What does it mean, beyond being a hotel?
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MadisonProgressive Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-06-06 07:36 AM
Response to Reply #9
12. They had a series of TV commercials
for example: A man at the scene of a car accident giving orders about how to treat one of the victims, sounding like a very knowledgable doctor. Someone asks him, "Are you a doctor". He responds, "well, no, but I DID stay at a Holiday Inn Express last night!"
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nicknameless Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-06-06 10:07 PM
Response to Reply #12
19. Thanks :)
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orleans Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-06-06 12:06 AM
Response to Original message
6. call Anthony D. Romero from aclu
maybe someone at the top would be interested in something like this.

(if you're in illinois i wouldn't bother with the state chapter--i have found them to be rather rude & useless; i was told they were not interested in something that the new mexico aclu took on a month later--i tried to get illinois to take up the case after a few months after that when something else occurred that made it more relevant than the new mexico case & they still couldn't be bothered. pissed the shit out of me.)

someone suggested you call randi rhodes--that might be a good idea too. i've had a problem with her email earlier this week (i got a failure to deliver two times so a phone call might be a good idea.)
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rucky Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-06-06 12:17 AM
Response to Original message
7. This is the first time I've felt we may get rid of them before 2008
It would only take a few gutsy soldiers to get things started.

K&R!
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Sydnie Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-06-06 12:20 AM
Response to Reply #7
8. Paul Hackett maybe? n/t
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mod mom Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-06-06 12:01 PM
Response to Reply #8
15. I would love to see Paul Hackett take charge and do this! It could
propel him into the senate as a strong leader!
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understandinglife Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-06-06 02:11 PM
Response to Reply #15
16. Can you bring it to his attention? If so, I think you should.
Thank you.


Peace.
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hootinholler Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-06-06 06:15 AM
Response to Original message
11. Not just Officers, UL...
That phrase is in the oath of enlistment as well. Every Veteran has sworn that oath. My country will not die alone!

-Hoot
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understandinglife Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-06-06 10:06 AM
Response to Reply #11
13. Agreed.
Peace.
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librarycard Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-06-06 11:56 AM
Response to Original message
14. Bush is a domestic enemy
When is the military going to protect us from him?
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Time for change Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-06-06 03:05 PM
Response to Original message
17. Very important question
It would take a lot of guts for a military officer to do something like that, but I'll bet that there are some that are up to the task.
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Peace Patriot Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-06-06 10:02 PM
Response to Original message
18. I would love to see it happen. I think that the rank and file military,
and some of their commanders are among the most injured people in the country, from the Bush junta. For some reason, I keep thinking of the military lawyers who put up such a fight against torture and for the Uniform Code of Military Justice and the Geneva Conventions. I don't even know their names. I just read a brief bit about it, some time ago. But when I think of the bravery and the deep ethical convictions of these officers--bucking Rumsfeld and the junta--it just makes me so mad that that kind of courage and intelligence could be stomped on by these murderers and thieves.

I am NOT asking anyone to do it. There is much danger involved. But I would love it if the injured parties in the military could have their day in court.
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