Senator's service as military judge scrutinized (Lindesy Graham)

[leftchick]

http://news.yahoo.com/s/usatoday/senatorsserviceasmilitaryjudgescrutinized

In a case that could help determine whether citizen-soldiers have a place in Congress, a federal court on Tuesday will weigh whether a U.S. senator who helps make Pentagon policy and has spoken out on issues such as Iraqi prisoner abuse can also serve as a military judge.

The case before the U.S. Court of Appeals for the Armed Forces here involves Sen. Lindsey Graham (news, bio, voting record), R-S.C., an Air Force Reserve colonel appointed two years ago to the lower Air Force Court of Criminal Appeals.


Lawyers for Airman 1st Class Charles Lane are seeking to throw out Lane's cocaine conviction on the grounds that Graham, one of three appellate judges who reviewed his case, is "constitutionally and ethically disqualified" to serve.


In court papers, Lane's lawyers argue that "Senator/Judge Graham cannot be an impartial and disinterested judge" because he is "politically accountable to his constituents for anything he does." Graham declined to comment on the case's merits. "We'll live with whatever the court says," he said.

[Gman]

1. He has a prima facie case on the ethically disqualified part

because Graham is a Republican.