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Originally Posted by Webby
Who manages/engages the military? The government.
Who directly controls the military? The Secretary of Defence.
Who has been/is dictating legal analysis/policy? Gonzales. Who is he? The Whitehouse legal "rep".
On the flip side of the coin there have now been plenty military legal people contesting 'the way it is' - even saying some conduct is illegal - whether military or not, to the extent Gonzales/Whitehouse then backed down after consideration.
Frankly.. on smaller issues, I'm sure anyone would get a fair trail. There are plenty honorable people interested in seeing that happens. On this issue, it's too incestuous and hell knows what may or may not be fair - only very few know anything about this and they are not going to talk. It's somewhat like a corrupt police department doing it's own investigation into problematic officers, but nothing new.
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Upper command influence does not filter down well to the lower ranks...which is what you seem to be implying. Military Courts are fairer than civilian courts as they are structured differently...and many...if not most...legal scholars will agree to that.