Senator: VP comments 'insulting'

[Tsukasa]

Sen. Scott Brown thinks Vice President Joe Biden was “off base” when he suggested Sunday that the Massachusetts Republican get his facts straight on the legal procedures for military tribunals.

“It was insulting,” said Brown, who frequently jabbed the administration during his Senate campaign for giving suspected terrorists legal representation.

On CBS's “Face the Nation” last weekend, Biden shot back that he doesn’t “know whether the new senator from Massachusetts understands: When you get tried in a military tribunal, you get a lawyer, too.

Read more...

You would think that Vice President Joe Biden would know that Sen Brown is a military JAG officer. But then it appears more and more likely that expecting Vice President Joe Biden to know much of anything is wishful thinking.

[AROCES]

You would think that Vice President Joe Biden would know that Sen Brown is a military JAG officer. But then it appears more and more likely that expecting Vice President Joe Biden to know much of anything is wishful thinking.

The good leaders surrounds themselves with good people and allow them to do what they are good at.

Well, this is what Biden is good at, goofing off every now and then.

[ninjadude]

You would think that Vice President Joe Biden would know that Sen Brown is a military JAG officer.

And that makes him an expert on a trumped up political republican wet dream called tribunals? hardly.

[Tsukasa]

And that makes him an expert on a trumped up political republican wet dream called tribunals? hardly.

Do you even know what a JAG officer is?

[Startraveler]

Reference:

As a judge advocate, Brown has a range of duties in the 6,200-soldier Guard. He defends soldiers facing disciplinary action before administrative discharge boards, provides estate planning advice, and has even helped in real estate transactions to those deploying overseas to war zones.

[Tsukasa]

Reference:

He would still know the rules and regulations pertaining to a Military Tribunal because a Military Tribunal is still a part of the Military Justice system of which Sen Brown is a lawyer in.

[eqgumby]

And that makes him an expert on a trumped up political republican wet dream called tribunals? hardly.

What? Could you clarify that? Are you saying "That makes Biden..." or Brown an expert? And how are these so-called tribunals republican wet dreams? They are part of the military's justice system and have been forever. And isn't this what Obama wanted, to get these people OUT of limbo and TRIED in some capacity?

[Harte]

What? Could you clarify that? Are you saying "That makes Biden..." or Brown an expert? And how are these so-called tribunals republican wet dreams? They are part of the military's justice system and have been forever. And isn't this what Obama wanted, to get these people OUT of limbo and TRIED in some capacity?

eqgumby,

Don't worry. Ninjadude probably doesn't really think that, he's just parroting one of his sources.

This time I think it's Soupy Sales.

Harte

[danielost]

What? Could you clarify that? Are you saying "That makes Biden..." or Brown an expert? And how are these so-called tribunals republican wet dreams? They are part of the military's justice system and have been forever. And isn't this what Obama wanted, to get these people OUT of limbo and TRIED in some capacity?

no obama wanted to give them enough legal rope so that they can escape and kill more americans.

[ninjadude]

Do you even know what a JAG officer is?

why yes. yes I do. So what?

He would still know the rules and regulations pertaining to a Military Tribunal because a Military Tribunal is still a part of the Military Justice system of which Sen Brown is a lawyer in.

no the Cuba tribunals are a special case. Not the same at all.

[ninjadude]

They are part of the military's justice system and have been forever. And isn't this what Obama wanted, to get these people OUT of limbo and TRIED in some capacity?

No they are trumped up tribunals unrelated to how military justice is meted out elsewhere. And Obama and the rest of country want them in a real legal system not a military rubber stamp specially created by republicans.

[ninjadude]

Ninjadude probably doesn't really think that, he's just parroting one of his sources.

I am not "parroting" anything. Please don't tell me what to think. That's so typical of republicans.

[Tsukasa]

why yes. yes I do. So what?

Then what is a JAG officer?

no the Cuba tribunals are a special case. Not the same at all.

If I am wrong and they are something other then the military court then prove it, other wise you don't have a leg to stand on.

Edited February 19, 2010 by Tsukasa

[Harte]

I am not "parroting" anything. Please don't tell me what to think.

I didn't tell you what to think, did I?

That's so typical of republicans.

No, that is typical of idealogues such as yourself. And Obama.

Harte

[eqgumby]

I am totally befuddled.

I'm gonna wait for ninja to clarify, maybe make some sort of an explanation, because really...I do NOT get where he is coming from. It's as if he is anti-everything pertaining to this topic, and I have no sense of where he stands.

[Caesar]

I am not "parroting" anything. Please don't tell me what to think. That's so typical of republicans.

LOL sure have have nothing to back up your claims but feelings and nothing more.

[ninjadude]

If I am wrong and they are something other then the military court then prove it, other wise you don't have a leg to stand on.

Did you miss the fact that the Republicans passed this silly unconstitutional law in 2006 to create the kangaroo court? source

[Tsukasa]

Did you miss the fact that the Republicans passed this silly unconstitutional law in 2006 to create the kangaroo court? source

Read.

© Construction of Provisions— The procedures for military commissions set forth in this chapter are based upon the procedures for trial by general court-martial under chapter 47 of this title (the Uniform Code of Military Justice). Chapter 47 of this title does not, by its terms, apply to trial by military commission except as specifically provided in this chapter. The judicial construction and application of that chapter are not binding on military commissions established under this chapter.

They used the same procedures as a general court-martial provided by the UCMJ with three exceptions listed below.

(d) Inapplicability of Certain Provisions—

(1) The following provisions of this title shall not apply to trial by military commission under this chapter:

(A) Section 810 (article 10 of the Uniform Code of Military Justice), relating to speedy trial, including any rule of courts-martial relating to speedy trial.

(B ) Sections 831(a), (B ), and (d) (articles 31(a), (B ), and (d) of the Uniform Code of Military Justice), relating to compulsory self-incrimination.

(C ) Section 832 (article 32 of the Uniform Code of Military Justice), relating to pretrial investigation.

It still has military judges, military lawyers, and military jury all of whom are members of JAG.

http://www.au.af.mil/au/awc/awcgate/ucmj.htm#SUBCHAPTER%20V.%20COMPOSITION%20OF%20COURTS-MARTIAL

There are a few other changes as well as stated by.

(2) Other provisions of chapter 47 of this title shall apply to trial by military commission under this chapter only to the extent provided by this chapter.

The other changes are with jurisdiction.

Sec. 948d. Jurisdiction of military commissions

(a) Jurisdiction— A military commission under this chapter shall have jurisdiction to try any offense made punishable by this chapter or the law of war when committed by an alien unlawful enemy combatant before, on, or after September 11, 2001.

(B ) Lawful Enemy Combatants— Military commissions under this chapter shall not have jurisdiction over lawful enemy combatants. Lawful enemy combatants who violate the law of war are subject to chapter 47 of this title. Courts-martial established under that chapter shall have jurisdiction to try a lawful enemy combatant for any offense made punishable under this chapter.

© Determination of Unlawful Enemy Combatant Status Dispositive— A finding, whether before, on, or after the date of the enactment of the Military Commissions Act of 2006, by a Combatant Status Review Tribunal or another competent tribunal established under the authority of the President or the Secretary of Defense that a person is an unlawful enemy combatant is dispositive for purposes of jurisdiction for trial by military commission under this chapter.

Section 948d (a) and (B ) lays out jurisdiction by excluding US Soldiers, Lawful combatants and U.S. Citizens while allowing for the use of general court-martial rules in the trial of unlawful enemy combatants. Section 948d © defines who and what and unlawful combatant is.

Heck Section 948d b even states its a court-martial.

(B ) Lawful Enemy Combatants— Military commissions under this chapter shall not have jurisdiction over lawful enemy combatants. Lawful enemy combatants who violate the law of war are subject to chapter 47 of this title. Courts-martial established under that chapter shall have jurisdiction to try a lawful enemy combatant for any offense made punishable under this chapter.

Legal Dictionary

Main Entry: 1court–mar·tial

Pronunciation: 'kOrt-"mär-sh&l

Function: noun

Inflected Form: plural courts–martial also court–martials

1 : a court consisting of commissioned officers and in some instances enlisted personnel for the trial of members of the armed forces or others within its jurisdiction

2 : a trial by a court-martial

Source http://dictionary.reference.com/browse/court-martial

So it is a military trial in a military court using military regulations. So yes, Sen Scott Brown would have know how these court-martials work seeing as he is a JAG officer.