They Fought and Must Now Fight Again!

By CHELSEA J. CARTER

IRVINE, Calif. — A former Marine sergeant facing the first federal civilian prosecution of a military member accused of a war crime says there is much more at stake than his claim of innocence on charges that he killed unarmed detainees in Fallujah, Iraq.

In the view of Jose Luis Nazario Jr., U.S. troops may begin to question whether they will be prosecuted by civilians for doing what their military superiors taught them to do in battle.

Nazario is the first military service member who has completed his duty to be brought to trial under a law that allows the government to prosecute defense contractors, military dependents and those no longer in the military who commit crimes outside the United States.

“They train us, and they expect us to rely back on that training. Then when we use that training, they prosecute us for it?” Nazario said during an interview Saturday with The Associated Press. ....

“This boils down to one thing in my mind: Are we going to allow civilian juries to Monday-morning-quarterback military decisions?” said Nazario’s attorney, Kevin McDermott. ....

Nelson and Weemer were jailed in June for contempt of court for refusing to testify against Nazario before a federal grand jury believed to be investigating the case. Both were released July 3 and returned to Camp Pendleton.

Lee ADDS: This is a direct result of Rep. John Murtha interfering with matters he has no business doing. First the Marine Corps held a trial and all were aquitted and now Murtha wants another bite at the apple. Our military should not be subjected to ‘third basing’ by anyone or anybody!