NAVY SEALS Second Class Petty Officer Matthew McCabe, Second Class Petty Officer Johnathan Keefe, & First Class Petty Officer Julio Huertas, Jr.

“Charging the Navy SEALS sends the wrong message to both our troops and to the terrorists. How can we ask our bravest, most elite troops to carry out dangerous missions for our sake, and then have our own government charge them with crimes and threaten to punish them for doing their jobs? How can we expect them to do their jobs with the threat of court-martial over their heads?” asked Gonzalez.

More…

Marine Sergeant Lawrence Gordon Hutchins, III


Monday, 15 March 2010 full-board disciplinary officer hearing set for Marine Sergeant Lawrence Gordon Hutchins, III.

Defense JAG, Marine Captain Kaza reports:

En Banc” just means that the entire Navy-Marine Corps Court of Criminal Appeals will sit in judgment of this case. There are roughly 12 judges assigned to the Court. Normally, an appeal will only be considered by a panel of 3 judges. But for cases that are deemed significantly important, they will sit “En Banc,” which means all of them will consider it. From my recollection, this Court only considers cases “en banc” roughly 2-3 times per year, out of the hundreds of cases they consider. This does not necessarily mean they are leaning toward the prosecution or defense, it just means that they consider the legal issues raised by Sgt Hutchins’ appeal to be very important.

The hearing on March 15 is an “oral argument.” That is where counsel for both sides of an appeal have the opportunity to address the appellate judges regarding technical points of law. As this case is being considered “En Banc” all of the judges assigned to the Court will be present for the argument. The judges will usually ask several questions, to help flesh out their position on a legal issue. It is very different from a trial, as it is not as much about emotion or rhetorical skill (although that can be important), as it is about knowledge of case precedents and how they should or shouldn’t apply to the facts of the case. The oral argument is more of a technical tool for the judges to help them analyze a case than it is a “closing argument” which will convince them whether to reverse or affirm a conviction.

I wouldn’t expect them to issue their decision for at least another month after that, if not longer.

If we lose the appeal before the Navy-Marine Corps Court of Criminal Appeals (which is statistically likely), then we can appeal to the highest military court, the Court of Appeals for the Armed Forces. That Court is made up of 5 civilian judges, appointed by the President for terms of 15 years. After that is a potential appeal to the U.S. Supreme Court.

Former Marine Judge Advocate, Marines, Brigadier General David Brahms adds this:

It is a big deal for the [Navy/Marine Corps Military Disciplinary Review Board] as a whole (all twelve members) to agree to hear the case as in Larry’s situarion. It is rare. In most cases a [smaller panel] of the whole [Board] hears the case. The EN BANC decision means there is a big issue and the [Board] is convinced it required special attention. I caution it is not evidence [Sergeant Hutchins] will win.

Marie Woods writes:

“I hope that each and everyone of you who get this email will be as outraged and mortified as I am about the treatment of our hero’s and pass this to everyone on your email list. It is one thing for our enemies to do this to us, but it is quite another to have our own military treating THEIR own like hardened criminals just for doing their jobs!!! This SHOULD NOT be tolerated by us! We need to do everything we can to stand up and stick up for those soldiers both the ones that were brutally murdered and hung like trophies and for the ones that were bringing them to supposed justice, but instead are being unjustly and wrongfully charged for something that I don’t believe they did anyway. Even if they did, I say GOOD! That bastard deserved much much more!!!!

“I can’t stress enough how angry I am at this!”

Marie was responding to Tony who wrote this to Marie and others:

Be aware the film clip is very graphic.  What it did for me is to PISS me off.  These people are what we are dealing with and that our troops have to face everyday.  Please forward this to as many people that you can.

Posted by
GodsModernDayMartyr on December 27, 2009 at 9:28pm

The woman in the poster is the mother of an American who was ambushed and murdered in Fallujah, Iraq. His body was dragged through the streets of the city, burned and than hanged from the upper trusses of a bridge. The murderers gathered to celebrate and have their photos taken with the trophy.

The young sailor in the picture is one of the Navy SEALS who later captured the leader of the band of terrorist butchers and brought him to justice.

If the story ended there, it would still be an acceptable feel-good, good-guys-win story. Unfortunately, that’s not the case – this Navy SEAL is facing criminal charges. Because, somewhere along the timeline of his capture, the terrorist murderer suffered a school-yard fat lip, his captors are now being charged with nothing short of war crimes and facing discharge and imprisonment.

So, instead of having a celebration of justice and our heroes honored, these charges show a betrayal of our soldiers and the effects of a corrupting sickness in our country.

You can buy this poster suitable for framing in two sizes: 24×36 and 18×24. All profits from the sale of these posters will be sent to the legal defense fund for the three Navy seals. You can also donate directly to this fund: http://supporttheseals.com.

If this link doesn’t work try this one: http://www.youtube.com/watch?v=YRc_au_DdGQ You may have to copy and paste…..

Now…

JAG HUNTER here:

SOETORO-OBAMA can’t courts-martial anyone.

The Congress invested only a legitimate president as commander in chief with the sole and discretionary punishment power over U.S. servicemen as the civilian leader of U.S. armed forces. SOETORO-OBAMA decapitated that civilian leadership. I’ve aggressively advanced the question regarding who’s running the military today.

Your answer?

You see I just don’t know.

More than that peacetime courts-martial are unconstitutional. They are the practice of ATTAINDER (direct state punishment against an accused without the examination and permission of a JURY).

The punishment power requisite in courts-martial pending against the SEALs is not found in the White House. Said another way: No courts-martial assembled since 20 January 2009 is sustainable.

Then this: U.S. servicemen who are courts-martialed in peace time do not enjoy the protection of a Civilian Jury. I can go into the reasons why, but not now. This circumstance juxtaposed to OBAMA’s order to try in federal courts our enemies where real judges and real juries reside. You see, the world is turned upside down. Navy SEALS for instance do not enjoy the constitutional protection of a jury while American enemies do. Should I prevail in appearing before a Grand Jury one of my charges regarding SOETORO-OBAMA’s TREASON will be the one I just laid out. SOETORO-OBAMA is providing aid and comfort to American enemies.

In peacetime the Constitution commands the assembly of Citizen Juries to protect U.S. Citizens in all matters regarding government advanced criminal accusations.

The Constitution allows for punishment of U.S. enemies using military discipline at any time.

What more needs be said to those who are serious about defending our American heroes?

J.B. Williams puts it this way:

“So ask again – Why are Obama & Co. friendlier towards known terrorists than towards average American citizens simply upset by the current destruction of their free republic?”

Click here for the rest of J.B.’s observations.

Here endth the lesson!