The Wikileaks collection

[stanleywinthrop]

Hi Staleywinthrop, Your correct in both cases (and I am sure your now waiting for this shoe to drop); BUT the Special Maritime thingy is for pirates; and MEJA does not apply to active duty military. Sorry but we are back to Laws of War and combat scenarios.

Polar Bear on your two points you are

1. Wrong.
2. Half Wrong.

As to your first point 18 USC 7 crimes ARE NOT limited to crimes committed by pirates. See United States v. Passaro, 577 F.3d 207.

As to your second point it is true that a single accused miltary member cannot be tried in Federal court for crimes committed on active duty while he is still subject to the UCMJ. However see 18 USC 3261(d)(2). Active duty military members CAN be charged under MEJA when it is alleged they commited crimes in concert with one or more persons not subject to the UCMJ.

My overall point, however, is that under these laws federal criminal law CAN be used to regulate the behavior of the armed forces while overseas in combat zones. There is simply a delayed effect. See United States v. Jose Nazario and United States v. Steven Green. Should it be that way? I would argue that it shouldn't.

As it stands now, there is no legal barrier preventing an overzealous AUSA from presenting this video to a grand jury sometime in the future after one or both of these pilots seperate from the service.