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H.R. 569, The Equal Justice for Our Military Act of 2009 (6 comments ↓ | 7 wiki edits: view article ↓)

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H.R. 569 would amend titles 28 and 10, United States Code, to allow for certiorari review of certain cases denied relief or review by the United States Court of Appeals for the Armed Forces.

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Norbert Basil MacLean III

March 11, 2009, 8:46pm (report abuse)

Here are some of the bill's supporters: Military Officers Association of America; Fleet Reserve Association; Jewish War Veterans of the USA; National Institute of Military Justice; American Bar Association & ACLU.

The bill was opposed in past Congresses by Dept. of Defense officials claiming that opening up the Supreme Court to servicemembers would only serve to burden the Supreme Court. This argument is rubbish and wholly without merit. Servicemembers make so many sacrifices for the defense and protection of our country. At the very minimum they deserve fair and just legal treatment - which means access to the nation’s highest court in the land they serve to protect and defend. A cornerstone of democracy is due process for both civilian citizens as well as uniformed citizens. To short-change our servicemembers while we afford illegal aliens and enemy combatants access to the Supreme Court degrades the ideals and principals for which our brave servicemembers risk their lives.

Norb MacLean

March 11, 2009, 10:25pm (report abuse)

Anyone interested in reading up on the subject may read a recent Congressional Research Service report issued on January 30, 2009. Here's a link to the CRS Report: http://www.fas.org/sgp/crs/misc/RL34697.pdf

Prior to voting on this subject please consider reading the CRS report and doing some due diligence on the subject.

DAVID BATTISTE

October 29, 2009, 1:34am (report abuse)

CAPTAIN MAST, I WAS RAILROADED, ALL WITNESS THROWN OUT BY C.O. I WAS IN CHARGE OF POSTAL OPS, AT CUBI POINT, LEFT MONIES OUT AND IT WAS STOLEN,I WAS THROWN OUT OF MY RATE, A PERSON WHOM I PURCHASED STAMPS FROM WHILE BEING DRUNK ACCIDENTALLY GAVE ME SEVERAL HUNDRED DOLLARS, I WAS THRWOUN OUT AND FORCED INTO CAPT MAAST, AT MAST I, WAS TYOLD THAT I WILL BE TRENSFERRED TO ANOTHER JOB, GIVEN THREE SETS OF BAD EVALS, ONE SON WAS ORDERED OUT OF THE P.I. B -CAUSE HE HAD A FIGHT WITH A GS116 DEPENDENT. THE STORY GOES A LONG WAYS, FILE FOR PETION OF NAVY RECORDS AND THEY REULED IN MY BEHALF,A I WAS DENIED ADVANCEMENT AND WAS RECOMMENDED TO BE DISCHARGED FROM THE U.S. NAVY

Bill Burley

November 18, 2010, 2:40am (report abuse)

Please, anyone considering this bill needs to read the record of trial for Staff Sergeant stephen Burley Rear D,1st Bn, 503d In. He was court-martial in Caserma Ederlee, Vicenza, Italy May 20-23 2007. SSG Burley's petition for grant of review by the United States Court of Appeals for the Armed Forces was denied 7th day of June, 2010.

September 13, 2007 SSG Burley's civilian attorney sought relief on grounds that "SSG Burley was convicted on perjured sworn statements." The motion cited United States v. Agurs, Brady v. Maryland, Giglio v.United States, Napue v. Illinois, and Mooney v. Holohan. Judge O'Brien knew that this case would never be reviewed by the Supreme Court so he could shrug off their rulings by stating, "The defenses motion for a new trial is denied. Discussion. The defenses motion demonstrates that inconsistant statements were made, but it does not demostrate which one was false."

If the senior command of a base needs a scapegoat we all loose!

Bill Burley

November 18, 2010, 4:28am (report abuse)

To learn more about SSG Burley's case read the five Stars and Sripes articles, "New testimony may free officer convicted of ordering a beating" Monday, Feb. 4,2008 "Hearing for soldier convicted of hazing delayed" Tuesday, Feb. 5,2008 "Witness now tells Army he had no knowledge of set up" Thursday, Feb. 7,2008 "Private says soldier jailed in assault was framed" Saturday, Feb.9,2008 "Military Judge denies 'code-red' case appeal" Wednesday, May 7,2008.

After reading these stories you need to ask yourself, "Is there a problem?" If the answer is "yes" then we need to do something for future NCO's that are targeted as "scapegoats" by corrupt CO's.

Bill Burley

November 23, 2010, 6:24pm (report abuse)

I am shocked to learn that Lindsey Graham of South Carolina is one of the major opponents of this legislation. In the past he has actually blocked this bill from coming to a full vote in the Senate. I can only wonder, "Is the dark side of the military justice system lobbying and perhaps paying to have this legislation blocked?" Just how dark and deep might some of the cases be?

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