Posted on Oct 29, 2016
Has the Clinton security issues and lack of prosecution for them set a new standard for a defense in the courts?
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Will Service Members use the "Clinton Defense" and is it a viable defense? Why or why not?
Posted 9 y ago
Responses: 10
Only if you are going to Be Powerful and and Rich and Have a lot of Dirt on folks...
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in my opinion, it is not a viable defense. service members are still service members, and any attempts to undermine military law in the name of a tyrant should be met with unrelenting ridicule. it is already proven that you are treated differently in the civilian courtroom based on economic and social standing, and has been an issue for a very long time. this defense would never work.
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I doubt it Chief, a Sailor and a Marine went down for the same thing as I understand and the Marine tried to use Clinton's defense and it failed. To be fair UCMJ is a bit different then Civilian Law though and there's more for someone of influence to manipulate.
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The "Clinton Defense" is a sign of political corruption of the FBI and the DOJ - and it only works for Hillary. You try that and they will lock you up and throw away the key.
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No. You can't claim a defense based on someone else getting away with the same offense, especially if they were never prosecuted or tried.
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SPC Paul Jennings, J.D.
CW2 (Join to see) - It's a weak argument, similar to one seen in the Bergdahl case where they claimed under command influence for comments made by Senators and presidential candidates. You can bring forth any defense you want, even if it is meritless, but it will have little impact. I suspect the submariner claimed this to bring his case more into the limelight and hopefully garner sympathy from a public outcry.
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I think we should probably wait until this runs out. I'm not sure the Clinton Defense has worked yet because the case is not over yet.
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Capt (Join to see)
Prosecutors are now bound by a decision in a previous case.If you think the standard has changed try to get away with what she has done. My bet is you would be jailed.
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