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Hagel: Obama Words on Sex Assault "umwarranted influence"

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  • Minskaya
    replied
    While I can understand his angst and frustration, Obama should have sought legal opinions before sounding off.

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  • desertswo
    replied
    The point is not that the President shouldn't comment on the situation. It's that he shouldn't comment publicly on the situation. Once he has, in the eyes of the lawyers, and at the end of the day, a JAG is a lawyer, is a lawyer, is a lawyer . . .

    When they hear something like that, they are going to use it to their advantage. It's not about being automatons or thinking beings, it's about trying to beat the system. They are using what the man upstairs threw them.

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  • desertswo
    replied
    Originally posted by JAD_333 View Post
    I suppose 'harsher' penalties in relative terms means harsher than what we have now. Piling on is the usual reaction by lawmakers. Never solves the problem. Look at the war on drugs. Once in full swing, drug use, smuggling etc just got worse.

    From your experience as judge and jury in military courts martial--BTW, as former Navy I know what Captain's Masts are :)--I'd venture to guess that you expected some of your decisions would get more outside attention than others, and I'd also venture to guess that at times you felt harsher penalties were called for when certain types of violations were becoming rampant.

    We have something in common in that I too worked for several SecDef's, starting with Weinberger and both his successors, Carlucci and Chaney, but in a civilian capacity. Handled all their public and media stuff, and base visits, except black box stuff. Got to see them up close and personal. Weinberger was a good man; he got hosed in the Iran-Contra scandal, unfairly I think, thanks in part to his mil asst, that paragon of virtue, Colin Powell. Carlucci was the best of the bunch, administrative wise, but he wanted to make money so left and went to work for Sears International and then the Carlyle Group. Chaney I didn't serve for long. He, or at least his staff, thought their sh*t didn't stink and broke any rule they didn't like. But I'll say this about Chaney; he was a master of taking control. Came in and fired the first general who stepped out of line. Did wonders around the building. Anyway, I loved my job; of course, when Clinton came that was all she wrote for us Reagan-Bush appointees.
    And then when that went to hell, he went out and got someone who at least had a brain; Republican Bill Cohen was a good guy, and he surrounded himself with good people. I didn't care what their politics were, they at least listened to the guys in uniform. Then came Rumsfeld, and I think the history pretty much speaks for itself.

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  • Guest's Avatar
    Guest replied
    Originally posted by Blademaster View Post
    Sex crimes are rapes and unwanted forced sexual advances, not those cited examples you just gave. Any person with two peas for a brain can tell the difference.
    Fractinization is fractinization regardless if it involves sex or not.

    Originally posted by Blademaster View Post
    You are engaging in Reductio ad absurdum arguments
    You are ignoring the arguements involving sex.

    Originally posted by Blademaster View Post
    and no, Obama should not shut up. He is the commander in chief and he has the authority to tell to his troops not to engage in sex crimes.
    But he DOES NOT have the authority to influence the courts which is exactly what the Defence has been arguing and winning.

    Originally posted by Blademaster View Post
    Obama is the President of the United States and JAG follows him, not the other way around.
    The President is not above the Law.
    Last edited by Officer of Engineers; 17 Aug 13,, 18:28.

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  • Blademaster
    replied
    Originally posted by Officer of Engineers View Post
    Guilty of what? Fractinization in the Field? Holding hands with your wife?

    Let's go up the ladder and even include sex. Even concential, in the Field, it's against the Queen's Rules and at least Discharge with Disgrace. But is it rape? Does the guy need to do time at the Edmonton Barracks?

    Let's go further and the case is brought forth a Not Guilty, does the man retains his rank and his chances of promotion after this, right after Obama said he should be punished to the fullest extent of the law? What Officer would now speak up for this man, to get him his promotions, right after your C-In-C said punish him.

    Obama should have shut up and leave this to JAG.
    Sex crimes are rapes and unwanted forced sexual advances, not those cited examples you just gave. Any person with two peas for a brain can tell the difference. You are engaging in Reductio ad absurdum arguments and no, Obama should not shut up. He is the commander in chief and he has the authority to tell to his troops not to engage in sex crimes. Obama is the President of the United States and JAG follows him, not the other way around.

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  • Guest's Avatar
    Guest replied
    Originally posted by Blademaster View Post
    For a person who is guilty of sex crimes, why would you allow him to continue to work for you?
    Guilty of what? Fractinization in the Field? Holding hands with your wife?

    Let's go up the ladder and even include sex. Even concential, in the Field, it's against the Queen's Rules and at least Discharge with Disgrace. But is it rape? Does the guy need to do time at the Edmonton Barracks?

    Let's go further and the case is brought forth a Not Guilty, does the man retains his rank and his chances of promotion after this, right after Obama said he should be punished to the fullest extent of the law? What Officer would now speak up for this man, to get him his promotions, right after your C-In-C said punish him.

    Obama should have shut up and leave this to JAG.

    Leave a comment:


  • Blademaster
    replied
    Originally posted by Officer of Engineers View Post
    This is the military. You still have to work for the guy who thinks you're guilty, ie, Obama. Undue Command Influence.
    For a person who is guilty of sex crimes, why would you allow him to continue to work for you? He is a detriment to the unit cohesion and discipline. Put him in brig/stockade/prison and strip him of all ranks, etc.

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  • Guest's Avatar
    Guest replied
    Originally posted by Blademaster View Post
    That argument doesn't hold up in the civilian courts.
    This is the military. You still have to work for the guy who thinks you're guilty, ie, Obama. Undue Command Influence.

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  • Blademaster
    replied
    Originally posted by Officer of Engineers View Post
    That is EXACTLY how the Defence is now wording this. In effect, there is no difference between a trial abnd plea bargining.
    That argument doesn't hold up in the civilian courts. If there is no difference between a trial and plea bargaining, how is it undue influence? In plea bargain, you voluntarily accept your crimes and convictions whereas in trial, you get to protest your innocent and attempt to prove that there was not enough evidence to convict you of guilt. Not the same thing. In plea bargain, you accept the evidence against you. In trial, you get to see the evidence presented and defended and attacked in court.

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  • Guest's Avatar
    Guest replied
    That is EXACTLY how the Defence is now wording this. In effect, there is no difference between a trial abnd plea bargining.

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  • Blademaster
    replied
    Originally posted by Officer of Engineers View Post
    If I am correct, the death penalty is the maximum sentence in the US and do note that the courts do practice charging lesser crimes (manslaughter vs murder) in plea barginings. What Obama effectively stated is that such will not be allowed.
    that is no different from the DOJ saying to the judge or defense we will not accept plea bargains for less than this and that. If you don't like it go to trial and get the maximum worst.

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  • Guest's Avatar
    Guest replied
    If I am correct, the death penalty is the maximum sentence in the US and do note that the courts do practice charging lesser crimes (manslaughter vs murder) in plea barginings. What Obama effectively stated is that such will not be allowed.

    Leave a comment:


  • Blademaster
    replied
    Originally posted by Officer of Engineers View Post
    That is not the same as Mandatory Maximum sentencing.
    Then what are laws that mandated life without parole, or sentencing with no paroles allowed? We have those and they have been held up by the Supreme Court.

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  • Guest's Avatar
    Guest replied
    That is not the same as Mandatory Maximum sentencing.

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  • Blademaster
    replied
    Originally posted by Officer of Engineers View Post
    The other side of this is how many women uses the threat of sexual charges to get what they want. There are women who deliberately get pregnant just to avoid deployment.

    It is not as simple as rape.

    I don't know. I don't have the statistics but it is not Obama's place to order punishment to the fullest extent of the law. That is the pre-orgative of the judge and jury.
    Yes Obama can just as the same way the DoJ can request and order punishment to the fullest extent of the law for convictions of federal crimes. Ever hear of mandatory minimum sentencing?

    Leave a comment:

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