Quantum Windbag
Gold Member
- May 9, 2010
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The military is exempt from due process during time of war or public danger.No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation
Anyway, due process doesn't apply in this case as he was never held to answer for a crime.
No they are not. People in the military are not entitled to due process when actively serving in time of war or public danger. This, theoretically, gives a commander on the battlefield the power to summarily execute a subordinate for disobeying a lawful order. In practice, it does not actually happen, and you would probably scream to high heaven if it did.
Nice try though, it shows you are willing to twist the law to support your position and makes you into a real hack, just like Obama.