Monday, November 07, 2005

Is Lindsey Graham prohibited from serving as a military judge?

According to USA Today:

The case before the U.S. Court of Appeals for the Armed Forces here involves Sen. Lindsey Graham, 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.

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