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joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.

Crab Dad posted:

Wasn’t that codified in treaties? Did we just really poo poo on all tribal treaties?

No, they just poo poo on centuries of well established federal law. The tribes never had jurisdiction over non-Indians on Indian land. It was always the federal government that had jurisdiction over non-Indians that committed crimes against Indians on Indian land.
As a practical matter, that has meant that Indians who are crime victims of non-Indians were hosed unless it's a rape, child sex abuse, murder or particularly violent assaults because the Feds won't prosecute otherwise. The Feds don't have the manpower, willpower or inclination to reach that deeply into the non-sexy crimes that make up 90% of the crimes that are actually committed against regular people, Indian and non-Indian.

Rewriting the law was either the Tribes and the Federal executive's decision to make, or the Federal legislature's decision to make. It was not within the SupCt's power or authority to rewrite the law.

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joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.

maffew buildings posted:

https://twitter.com/mjs_DC/status/1542936979716857856?t=VLdZUEX8cI9JAFVtabwz2g&s=01

HELL YEAH when people said we need Joe because he knows the system and can get things done they weren't wrong!

Oh wow. A lifetime judge appointment for a patronage position prosector appointment. Great deal!

joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.

LtCol J. Krusinski posted:

They can’t actually do that. In order to recieve Dishonorable Discharge you have to be convicted and sentenced in a general court martial. You can’t get one under a special court martial. Unfortunately in order to be court martial you must first violate the UCMJ.. which you have to have been subject to, which he appears not to have been.

I don’t know if he was under the IRR and if that could factor in, but it looks like he’s only on the hook with the feds, not the DoD. And as much as I hate all MAGA and 1/6 insurgents, I’m glad it works this way- we don’t want the DoD to have ex post facto power over your past. 44 months is not a long enough sentence, however.

Yep, not subject to the UCMJ on 1/6, but probably UA/AWOL now, so maybe an OTH AdSep?

joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.

Marshal Prolapse posted:

Isn’t there a federal son of Sam law?

There is, and it would apply to these guys, if the prosecutor asked for it. The prosecutor can invoke the law at any time.
https://www.law.cornell.edu/uscode/text/18/3681

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