tag:blogger.com,1999:blog-16821859.post112783558889114578..comments2024-03-26T16:03:42.608-06:00Comments on Flares into Darkness: NYT Propagandist Charged With Telepathyambisinistralhttp://www.blogger.com/profile/03836786826294202405noreply@blogger.comBlogger10125tag:blogger.com,1999:blog-16821859.post-1127876035999348912005-09-27T20:53:00.000-06:002005-09-27T20:53:00.000-06:00Rick:That is why I am sure she was advised to turn...Rick:<BR/><BR/>That is why I am sure she was advised to turn down EM on the jury. The cw when I was defending was that most officers are more lenient on the lowest ranking EMs than NCOs.<BR/><BR/>I used that to my advantage in a number of defense cases involving E1s and E2s. I called it the "wimp defense". I put the EM on the stand during the penalty phase to let the jury see how how pitiful they were. Depending on the prosecutor, I had to do little. Most would overreach, ruining the witness, but evoking the sympathy of the jury. Worked like a charm. <BR/><BR/>They made me prosecute after that.vnjagvethttps://www.blogger.com/profile/15904498408683884983noreply@blogger.comtag:blogger.com,1999:blog-16821859.post-1127870209155522572005-09-27T19:16:00.000-06:002005-09-27T19:16:00.000-06:00I would agree with three years for the propagandis...I would agree with three years for the propagandist. As a former EM, it's a bit light for disgracing the uniform. I believe that Garner received a ten year sentence. The fact that England allowed herself to get knocked up <I>after </I> the fact cuts no ice with me. Six years seems closer to being correct.Rick Ballardhttps://www.blogger.com/profile/11082425215912372067noreply@blogger.comtag:blogger.com,1999:blog-16821859.post-1127868936618387432005-09-27T18:55:00.000-06:002005-09-27T18:55:00.000-06:00Three years sounds about right.Three years sounds about right.vnjagvethttps://www.blogger.com/profile/15904498408683884983noreply@blogger.comtag:blogger.com,1999:blog-16821859.post-1127865715807349012005-09-27T18:01:00.000-06:002005-09-27T18:01:00.000-06:00Rick:It hasn't changed. If the case is tried befo...Rick:<BR/><BR/>It hasn't changed. If the case is tried before a jury, 2/3 of the members must concur in any conviction and any sentence unless it is life imprisonment where 3/4 is required. <BR/><BR/>Capital cases are tried separately and require a unanimous vote.<BR/><BR/>An accused my elect to be tried by military judge alone.vnjagvethttps://www.blogger.com/profile/15904498408683884983noreply@blogger.comtag:blogger.com,1999:blog-16821859.post-1127865534647665152005-09-27T17:58:00.000-06:002005-09-27T17:58:00.000-06:00Rick:Not only a recommendation, they do the senten...Rick:<BR/><BR/>Not only a recommendation, they do the sentencing(or at least they did 35 years ago).vnjagvethttps://www.blogger.com/profile/15904498408683884983noreply@blogger.comtag:blogger.com,1999:blog-16821859.post-1127857426775963972005-09-27T15:43:00.000-06:002005-09-27T15:43:00.000-06:00BTW, Terrye,Could you post something on farm subsi...BTW, Terrye,<BR/><BR/>Could you post something on farm subsidies sometime? I have always been led to believe that they were props for the big agro-business corporations, but I know you have a different take on things. And you have the advantage of actually having been in the business. The closest I come was my uncle who raised chickens and grew corn in Indiana, but that was 40 years ago.chuckhttps://www.blogger.com/profile/15164145672293455823noreply@blogger.comtag:blogger.com,1999:blog-16821859.post-1127856329090479602005-09-27T15:25:00.000-06:002005-09-27T15:25:00.000-06:00Terrye,tell anyone with the sense God gave lettuce...Terrye,<BR/><BR/><I>tell anyone with the sense God gave lettuce</I><BR/><BR/>Yeah, but we're talking about a reporter for the NYT here. Lettuce is far in the evolutionary future.chuckhttps://www.blogger.com/profile/15164145672293455823noreply@blogger.comtag:blogger.com,1999:blog-16821859.post-1127854282708858772005-09-27T14:51:00.000-06:002005-09-27T14:51:00.000-06:00I think the fact that we have seen the pictures sh...I think the fact that we have seen the pictures should in and of itself tell anyone with the sense God gave lettuce that the Army was not ordering this behavior.terryehttps://www.blogger.com/profile/16609746018265953069noreply@blogger.comtag:blogger.com,1999:blog-16821859.post-1127854020482507222005-09-27T14:47:00.000-06:002005-09-27T14:47:00.000-06:00Vnjagvet,I didn't know that she had taken the all ...Vnjagvet,<BR/><BR/>I didn't know that she had taken the all officer jury option. Does the jury make a sentencing recommendation? <BR/><BR/>Knuck,<BR/><BR/>I think I would have said skull rather than mind. Mind carries a connotation of cerebration and there is little evidence of that occurring in Mr. Cloud's case. As to what might rattle around in his skull - there's actually space for almost anything.Rick Ballardhttps://www.blogger.com/profile/11082425215912372067noreply@blogger.comtag:blogger.com,1999:blog-16821859.post-1127849094985868482005-09-27T13:24:00.000-06:002005-09-27T13:24:00.000-06:00Keep in mind that this was a court martial. The j...Keep in mind that this was a court martial. The jurors were all officers in the US Army. Although the accused could have elected to have enlisted personnel on the jury, she did not so elect.<BR/><BR/>If any of those jurors asked the questions attributed to them, I suggest it may have been a CEM (Career Ending Move).<BR/><BR/>In any event, any such questions would have had to come during questioning of witnesses to have any hope of eliciting any real information. Once the evidence is closed (i.e. during deliberations), such questions would have been totally pointless.vnjagvethttps://www.blogger.com/profile/15904498408683884983noreply@blogger.com