Better And Better

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Wednesday, November 11, 2009

Armistice Day, and thoughts about treason

91 years ago today, the fighting stopped in The War To End All Wars. I'm sure that this fact was not lost on our President, who went to Fort Hood today to a memorial service for the 13 men and women (mostly soldiers) murdered there last week.

They died while in service for their country, as soldiers do, and always will do. I hope that the President gives as much thought to those who died overseas, for our nation.

Dad and I were talking about how the murderer, Army Maj. Nidal Hasan, should be charged. (They haven't charged him as of this writing.) We agree that we would want it to be a capital charge, and that Mr. Hasan (he will soon be formally stripped of rank) should die. We've seen too often how even our own media likes to claim that rights of prisoners are trampled, on the basis of religious affiliation. Let him die for his actions, and have nothing more said about how he is treated.

Now, obviously, the Army will want to charge him under the Uniform Code of Military Justice. But I suspect also that the federal Department Of Justice will be itching to charge him with a violation of the U.S.C. But if that doesn't work, please recall that Ft. Hood is in Texas, and we have a rather efficient Capital Murder statute on the books, and we know how to use it.

Dad and I were curious if there was any crime in the UCMJ that is a capital crime, beyond Treason. Treason is the only crime defined in the United States Constitution, and is described thusly:
"Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court."

That makes it sound more like it's under the USC, and in fact it's found under USC Title 18, 2381, making it a capital crime. Hm. Will the DOJ get this?

Senator McCain says that his action was an act of terrorism. Hm. To what end? Some reports have Hasan yelling "Alahu Akbar" as he was shooting. Was he acting on behalf of a terrorist organization? Our Congress has declared war on Terror, which would mean that he was acting on behalf of our enemies against the U.S. during a time of war, which constitutes Treason.

I've seen some online claim that this was simply murder, and not Treason. I submit that the case is more complicated than that. When we see an act of treason, we must call it what it is. This man was a soldier who indiscriminately killed other soldiers.

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9 Comments:

At Thursday, November 12, 2009 5:14:00 AM, Anonymous Anonymous said...

He attacked military personnel on a military base, while yelling a phrase that has become the motto of our nation's enemies. Regardless of whether he was "working with" any of said enemies, he made it clear where his sympathies lay and took action in furtherance of those sympathies.

It's treason, pure and simple.

Hang the bastard.

 
At Thursday, November 12, 2009 7:30:00 AM, Anonymous Anonymous said...

I've been told that rape is also a capital military crime, but my source retired from active duty in the late 1970s so things may have changed.

I'd say whatever is faster - UCMJ, Texas first degree murder, federal murder charge. As to treason, a really good lawyer could sow havoc by arguing that for a devout [insert religion here], membership in that faith is primary over loyalty or oaths to a specific nation, and so treason does not apply since the believer is not "really" a citizen of the country in question. Would a jury with an ounce of brains go for it? Depends on where the court is. Would someone try that defense? Wouldn't surprise me if its not considered at some point.

LittleRed1

 
At Thursday, November 12, 2009 10:00:00 AM, Blogger Comrade E.B. Misfit said...

91 years, btw.

 
At Thursday, November 12, 2009 1:12:00 PM, Blogger Medic3 said...

Mutiny looks like a slam dunk.

Uniform Code of Military Justice (UCMJ)
ART. 94. MUTINY OR SEDITION

(a) Any person subject to this chapter who--

(1) with intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do his duty or creates any violence or disturbance is guilty of mutiny;

(2) with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or disturbance against that authority is guilty of sedition;

(3) fails to do his utmost to prevent and suppress a mutiny or sedition being committed in his presence, or fails to take all reasonable means to inform his superior commissioned officer or commanding officer of a mutiny or sedition which he knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition.

(b) A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished by death or such other punishment as a court-martial may direct.

 
At Thursday, November 12, 2009 9:26:00 PM, Blogger Old NFO said...

Medic 3 is correct, and also murder is a capital offense under the UCMJ. He will be tried by the military, and probably end up in Levenworth for life, because Obama would have to sign the death warrant.

 
At Thursday, November 12, 2009 9:27:00 PM, Blogger Old NFO said...

Medic 3 is correct, and also murder is a capital offense under the UCMJ. He will be tried by the military, and probably end up in Levenworth for life, because Obama would have to sign the death warrant.

 
At Friday, November 13, 2009 8:00:00 AM, Anonymous FiveOh said...

918. ART. 118. MURDER
Any person subject to this chapter whom without justification or excuse, unlawfully kills a human being, when he- -
(1) has a premeditated design to kill;
(2) intends to kill or inflict great bodily harm;
(3) is engaged in an act which is inherently dangerous to others and evinces a wanton disregard of human life; or
(4) is engaged in the perpetration or attempted perpetration of burglary, sodomy, rape, robbery, or aggravated arson;
is guilty of murder, and shall suffer such punishment as a court-martial may direct, except that if found guilty under clause (1) or (4), he shall suffer death or imprisonment for life as a court-martial may direct.



856. ART. 56. MAXIMUM LIMITS
The punishment which a court-martial may direct for an offense may not exceed such limits as the President may prescribe for that offense.

 
At Friday, November 13, 2009 8:51:00 AM, Blogger Larry said...

Yep, there are a few crash landings in the ol' UCMJ.
But, as Old NFO said, the CinC has to sign the order, so it looks like he's good.

 
At Thursday, December 03, 2009 10:36:00 AM, Blogger J.R.Shirley said...

Treason or just multiple premeditated murder, he needs two in the chest, and one in the head.

(I would say, "And may God have mercy on his soul", but I don't believe in God or mercy.)

John

 

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