Saturday, March 27, 2004
Letters, Lord Do I Get Letters!
A First Infantry Division JAG officer squares me away on military law, and has an interesting observation:
He [SSG Camilo Mejia] cannot be sentenced to death for desertion.
For the purposes of offenses under the UCMJ, we are not in a "time of war."
Under RCM 103(19), it takes either a Congressional declaration of war or an
executive finding that we are in a time of war for UCMJ purposes, and neither
has happened.
Compare "time of war" with offenses like Art 115, Malingering, which have
increased punishment if committed in "a hostile fire pay zone."
So it turns out that I was too harsh on the Tribune, AP, The Washington Post, and the UK Guardian.
Whatever checking methods they employed, their reporters actually got it right, in this particular case.
Pardon me while I go wash the boot polish out of my mouth. :)
Splash, out
Jason
He [SSG Camilo Mejia] cannot be sentenced to death for desertion.
For the purposes of offenses under the UCMJ, we are not in a "time of war."
Under RCM 103(19), it takes either a Congressional declaration of war or an
executive finding that we are in a time of war for UCMJ purposes, and neither
has happened.
Compare "time of war" with offenses like Art 115, Malingering, which have
increased punishment if committed in "a hostile fire pay zone."
So it turns out that I was too harsh on the Tribune, AP, The Washington Post, and the UK Guardian.
Whatever checking methods they employed, their reporters actually got it right, in this particular case.
Pardon me while I go wash the boot polish out of my mouth. :)
Splash, out
Jason
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