USA Today reports here about a case before the U.S. Court of Appeals for the Armed Forces involving Sen. Lindsey Graham, R-S.C., who is also 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.
2 comments:
Wow. That would mean that decisions by pretty much every State court judge in the entire country (directly or indirectly elected) would be unconstitutional.
I doubt it's true, but isn't there an urban legend that being admitted to the bar in Georgia makes you an honorary Colonel in the state militia?
Post a Comment