there are some things that need to be addressed. For one thing, putting the judge advocate generals of the service, as great as some of them are, on a pedestal is inappropriate. When I served 4 years in the Judge Advocate General Corps on active duty, we had one TJAG that did not even know what post he was at from time to time. So it must be taken in context. But when I hear Members here on the floor say, gee, by passing this bill we are putting troops at risk, let me tell you what will put troops at risk, when we start applying criminal law standards that I observed during my years as a judge and chief justice, you start applying those, the forensics in the battleground area, you are putting troops at risk. When a man and a woman has to fire in self-defense and also be thinking about, gee, can I go get that that has fingerprints, DNA, I better go collect evidence for the trial that will be upcoming, then that puts them at risk. Please do not put our troops at further risk by making them comply with civil standards back here in this country. You know, people have declared war on us, and to say that those people will deserve constitutional standards, let me tell you, there are judges that have ruled the Constitution means inmates require electric typewriters, televisions, things like that. It is totally inappropriate. The Constitution itself says, in article I, that: ``We shall constitute tribunals.'' We will do these things. That is what we are doing.…
Louie Gohmert: “there are some things that need to be addressed. For one thing, putting the judge advocate generals of the service, as…”
Editor's note · Context
Discussing the implications of applying civil standards to military operations.
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