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View Diary: How the US Military Tortured Bradley Manning (227 comments)

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  •  Um, he IS the Commander-In-Chief (7+ / 0-)

    He has been granted all the authority he needs, as soon as he is elected and sworn in as POTUS.

    Ever hear of "Executive Orders"?

    The military is subordinate to our Civilian Government.

    -7.62; -5.95 The scientists of today think deeply instead of clearly. One must be sane to think clearly, but one can think deeply and be quite insane.~Tesla

    by gerrilea on Sat Dec 01, 2012 at 12:50:59 PM PST

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    •  And yet presidents do tread carefully in Military (0+ / 0-)

      matters... especially Democratic presidents... they have to these days given that Dems are supposed to be "trying to destroy the US militarily" etc. etc. and given that the military is full of conservatives and pals of right wing types/fundamentalists etc.
      And beyond that, traditionally how much direct presidential involvement is there normally in procedural matters within the military?... We do not know what if anything has been attempted behind the scenes to get somewhere.... but maybe now that the election is past there will be more room to maneuver... or maybe nothing will change. the president does not rule by decree no matter how much Dubya and Cheney tried to move things that way... the US presidency is powerful and yet constrained in many ways... the person who holds that office must work indirectly with many many indirect lines of communication and authority... it remains to be seen if Obama can do much about this whether he wants to or not. He has as much echoed FDR on the general concept ... MAKE me do it... (whatever the policy or act in question is).... that is give me the political cover and backing to do more than I have been able to do.

      Pogo & Murphy's Law, every time. Also "Trust but verify" - St. Ronnie (hah...)

      by IreGyre on Sat Dec 01, 2012 at 03:26:23 PM PST

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    •  I highly doubt (0+ / 0-)

      he can unilaterally rewrite the MCJ.

      "Mediocrity cannot know excellence." -- Sherlock Holmes

      by La Gitane on Sat Dec 01, 2012 at 04:15:44 PM PST

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    •  And please don't get snarky (0+ / 0-)

      unless you know what you're talking about; changes are made by committee, not by "executive order":

      The UCMJ and MCM are primarily kept current with the basic principles of American jurisprudence through two standing committees, The Code Committee and the Joint Service Committee on Military Justice.

      The Code Committee. Article 146 of the UCMJ, (Section 946, Title 10, United States Code), establishes a "Code Committee" that meets at least annually to prepare an annual comprehensive survey of the operation of the UCMJ. This committee consists of the judges of the United States Court of Appeals for the Armed Forces; The Judge Advocates General of the Army, Navy, and Air Force, the Chief Counsel of the Coast Guard, and the Staff Judge Advocate to the Commandant of the Marine Corps. Two members of the public appointed by the Secretary of Defense are also members of the committee. A report is then submitted to the Committees on Armed Services of the Senate and the House of Representatives. This report includes information on the number and status of pending cases, as well as any recommendations relating to uniform policies regarding sentencing; amendments to the UCMJ; and any other matter the committee considers appropriate.

      The Joint Service Committee on Military Justice
      . The Joint Service Committee on Military Justice ("JSC") was established on 17 August 1972 by the Judge Advocates General and the General Counsel of the Department of Transportation. The primary function of the JSC is:

      "To prepare and evaluate such proposed amendments and changes as may from time to time appear necessary or desirable in the interest of keeping the Uniform Code of Military Justice (UCMJ) and Manual for Courts-Martial (MCM) current with the decisions of the U.S. Supreme Court, the U.S. Court of Appeals for the Armed Forces, and established principles of law and judicial administration applicable to military justice, as well as with the changing needs of the military services."

      "Mediocrity cannot know excellence." -- Sherlock Holmes

      by La Gitane on Sat Dec 01, 2012 at 04:25:59 PM PST

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      •  It's not snark, really...If our president can (5+ / 0-)

        unilaterally target & kill anyone he wants, anywhere in the world, with the AG's "re-definition of the 5th Amendment, then YES he can effect directly what form, shape and scope our "military justice" takes.

        It can't be both ways here.

        He can order Manning released.
        He can order Manning "disappeared", if he so chooses.

        “Due process” and “judicial process” are not one and the same, particularly when it comes to national security. The Constitution guarantees due process, not judicial process.
        There may be some trappings of a "check & balance" system left BUT I do not delude myself with such trivialities any longer.

        Glenn Greenwald on the NDAA

        Myth # 1: This bill does not codify indefinite detention

        Myth #2: The bill does not expand the scope of the War on Terror as defined by the 2001 AUMF

        Myth #3: U.S. citizens are exempted from this new bill

        -7.62; -5.95 The scientists of today think deeply instead of clearly. One must be sane to think clearly, but one can think deeply and be quite insane.~Tesla

        by gerrilea on Sat Dec 01, 2012 at 05:19:01 PM PST

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      •  so you're going to give me (3+ / 0-)
        Recommended by:
        Robobagpiper, aliasalias, gerrilea

        the article of the UCMJ that deals with commanders overruling the psychiatrist and ordering humiliating procedures that are not medically warranted?

        It's been a hundred years, isn't it time we stopped blaming Captain Smith for sinking the Titanic?

        by happymisanthropy on Sat Dec 01, 2012 at 07:18:43 PM PST

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        •  I had a simple question (0+ / 0-)

          regarding how/who has authority to modify the UCMJ.

          That's it.  Our friend above got a little snarky with me saying of course, the president can do anything.  I looked it up and found out that the UCMJ is amended by two committees and not the president.

          I'm not defending any of this, for christ sakes.  Geezz - read the whole thread!!

          "Mediocrity cannot know excellence." -- Sherlock Holmes

          by La Gitane on Sat Dec 01, 2012 at 07:26:28 PM PST

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