Posted on Oct 29, 2016
CW2 Battalion Maintenance Officer (Bmo)
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Will Service Members use the "Clinton Defense" and is it a viable defense? Why or why not?
Posted in these groups: Integrity logo IntegrityDod DefenseImages Security
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SFC George Smith
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Only if you are going to Be Powerful and and Rich and Have a lot of Dirt on folks...
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TSgt Unit Training Manager (Utm)
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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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CW2 Battalion Maintenance Officer (Bmo)
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I just saw an article where a submariner is trying to use that defense.
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Cpl Dennis F.
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Yes, it's also known as the Sgt. Shultz defense "I know nothing!"
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Has the Clinton security issues and lack of prosecution for them set a new standard for a defense in the courts?
SPC Member
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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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Capt Seid Waddell
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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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SPC Paul Jennings, J.D.
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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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CW2 Battalion Maintenance Officer (Bmo)
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I just saw an article where a submariner is trying to use that defense.
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SPC Paul Jennings, J.D.
SPC Paul Jennings, J.D.
9 y
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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MSgt John McGowan
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CW2. Only if you have the name Clinton.
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SPC Erich Guenther
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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 Retired
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No, because it was not in a court.
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CW2 Battalion Maintenance Officer (Bmo)
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That's where the "lack of prosecution" portion of the question comes into play.
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Capt Retired
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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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SSG Squad Leader
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It has already been tried and it failed.
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I think most of us know fellow SM who have lost their security clearances for less. There have always been a double standard for politicians. HRC is not the first, likely won't be the last.
CW2 Battalion Maintenance Officer (Bmo)
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I just saw an article where a submariner is trying to use that defense.
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SSG Squad Leader
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CW2 (Join to see) - and how well did that work out for him?
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CW2 Battalion Maintenance Officer (Bmo)
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SSG (Join to see) - It's still in deliberation.
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