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soryang

(3,307 posts)
10. The chain of command is required to refrain from command influence in MJ referrals
Tue Nov 26, 2019, 12:58 AM
Nov 2019

This includes the everyone from the company commander through the General Courts Martial convening authority all the way up to POTUS.

Those in the lower echelon from company commander to the general should perform their military justice duties with circumspection and independence when a referral to courts-martial is under consideration. Lower ranking commanders should not be subject to command influence from superiors on referral judgments. Commanders should not promote their personal views about what outcome they see as desirable when recommending or making a formal referral to courts- martial. Courts-martial panel members should not have to consider, well the colonel says, or the skipper said, or the general said the accused is guilty or that he favors this or outcome, either during the referral process or before the courts-martial reaches a final verdict. Nor should anyone in process be subjected to unlawful influences such as the president said "he's guilty." Or the president said this trial is wrong, or I intend to pardon this person.

This was the original mistake. Once it occurs the whole military justice process is compromised.

Recommendations

0 members have recommended this reply (displayed in chronological order):

Yeah, there is a reason our military goes by different rules than the rest of us. Eliot Rosewater Nov 2019 #1
..... pbmus Nov 2019 #2
Well said, pbmus, well said. Haggis for Breakfast Nov 2019 #4
I'm guessing you are referring GP6971 Nov 2019 #11
NO NEED to apologize, bluecollar2, Haggis for Breakfast Nov 2019 #3
This Navy vet agrees with you Onthefly Nov 2019 #5
Welcome to the forum DashOneBravo Nov 2019 #6
Thanks....n/t bluecollar2 Nov 2019 #8
I hear you. Joinfortmill Nov 2019 #7
Plenty of civilians have made acceptable Harker Nov 2019 #9
The chain of command is required to refrain from command influence in MJ referrals soryang Nov 2019 #10
NYT Op-ed by his brother DashOneBravo Nov 2019 #12
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