No officer and gentleman would write such obscenities, appellate court agrees
Source: stars and stripes
Judges on the Court of Appeals for the Armed Forces unanimously affirmed the conviction and sentence of Lt. Col. Scott Meakin for conduct unbecoming an officer and a gentleman.
By NANCY MONTGOMERY | STARS AND STRIPES Published: May 9, 2019
A former Air Force officers online conversations about sexually abusing young children were not constitutionally protected, the militarys highest court has ruled, as it affirmed his conviction for conduct unbecoming an officer and a gentleman.
The Court of Appeals for the Armed Forces Tuesday rejected the legal argument that Lt. Col. Scott Meakins graphic online discussions were protected by free speech and privacy guarantees. The five-judge panel unanimously upheld the former combat systems officers conviction and sentence to nearly 20 months confinement, pay and allowance forfeiture and dismissal from the service.
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Using the pseudonym John Jones, he had engaged in a series of online conversations through email, chat rooms, and instant messaging with some 17 anonymous individuals in which he described in lurid detail the abuse, molestation, and rape of children, court documents say. One of the unnamed users, posing as a sexually abusive father willing to exploit his young daughter, was a detective in the Internet Child Exploitation Unit of the Holton Regional Police Service in Ontario, Canada.
Meakin had argued that his chats, although repugnant sexual fantasies involving children, were anonymous, private, consensual communications protected by the First and Fourteenth amendments, as set out by the 1969 U.S. Supreme Court decision Stanley v. Georgia. That decision helped establish a right to privacy in possessing pornography in ones home.
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[Meakins] obscenity was not contained within his home for consideration within his own mind, the court said. Instead, he produced, preserved, and transmitted his written obscenities to seventeen separate individuals..................................................
Read more: https://www.stripes.com/news/no-officer-and-gentleman-would-write-such-obscenities-appellate-court-agrees-1.580282
I doubt Trump will pardon this vile man.
emmaverybo
(8,144 posts)dlk
(11,540 posts)This man has serious entitlement issues (among more serious issues, obviously).
cstanleytech
(26,280 posts)commit an actual crime that will land you in real trouble with the civilian court system.
dlk
(11,540 posts)Bradical79
(4,490 posts)Obviously, the military laws differ a bit from civilian laws though, and talking about comiting a crime can be evidence if you can show a certain crime took place.
marble falls
(57,063 posts)The Trump - Epstein Rape Lawsuit | Washington's Blog
[Search domain washingtonsblog.com/2016/11/trump-epstein-rape-lawsuit.html]
https://washingtonsblog.com/2016/11/trump-epstein-rape-lawsuit.html
Donald Trump's post election experience may be as bad or worse than the nightmare he hopes to visit on Hillary Clinton, perhaps worse. Jane Doe (proceeding under a pseudonym) filed a civil lawsuit against Donald Trump and convicted sex offender, Jeremy Epstein, for multiple acts of sexual and physical abuse, which occurred when the defendant was 13 years old.
JustABozoOnThisBus
(23,336 posts)This guy has nothing to offer Trump. If there's no profit for Trump, why would he pardon the officer?
I think the Trump family morals are governed by the Ferengi Rules of Acquisition.
marble falls
(57,063 posts)JustABozoOnThisBus
(23,336 posts)If he was prudent, thrifty, practiced some investment discipline, maybe he can count his millions with the fingers of one hand. But now, he's probably a long way from Medicare, he'll be paying into ACA health care, living off his savings, he'll need to find work to carry him and his family into old age.
He should have enough to live modestly. He has nothing to give to Trump or anyone.
rictofen
(236 posts)Haggis for Breakfast
(6,831 posts)alwaysinasnit
(5,063 posts)Honeycombe8
(37,648 posts)defacto7
(13,485 posts)that tRump can pardon convictions in the court of the Armed Forces. Does someone know if this is true? He can with federal convictions, he can't in state convictions but I don't know about in the Armed Forces.
Jedi Guy
(3,185 posts)To the best of my knowledge, the only thing he can't pardon is a state conviction. That power is reserved for the governors.
JustABozoOnThisBus
(23,336 posts)That would be a huge deal for anyone.
Jedi Guy
(3,185 posts)In theory, the crime is completely forgiven and all penalties are undone, so I suppose it could restore retirement income and benefits. Maybe a President can specify in the pardon if such benefits are restored or not? That's an interesting question! When I have some time I'll see if my Google-fu is up to discovering the answer.
While a court-martial is an Article II tribunal (the judiciary is Article III), convictions by court-martial are for "offenses against the United States" and, therefore, subject to presidential pardon under Article II, Section 2.
For what it's worth, it's hard to imagine a pardon in this case. The convicted officer is hardly sympathetic. He richly deserved being cashiered.
yardwork
(61,588 posts)TomSlick
(11,096 posts)Per the attached article.
yardwork
(61,588 posts)I hope that he didn't put any of these fantasies into action.
Response to riversedge (Original post)
geralmar This message was self-deleted by its author.
Hortensis
(58,785 posts)pornography. If entrapment could have been used as a defense it no doubt would have been.
This case discussed was tried under military law, and definition and dynamics of what would constitute "entrapment" might be quite different under an authoritarian military legal code. Certainly, a legal duty to comport oneself as a gentleman is.
Response to Hortensis (Reply #22)
geralmar This message was self-deleted by its author.
Hortensis
(58,785 posts)individual rights to our own fantasies are well established. Good thing, or some people would be afraid to admire baby pictures.
Otoh, child pornography, including on-line, is a real, physical product of crimes committed against children. There is no such thing as legal child porn. Regarding other types of liability, knowingly possessing stolen property is a crime, especially when it's for personal benefit. When it comes to pornography, the "knowing" that it is the product of a crime against children is intrinsic, as is the personal benefit.
Response to Hortensis (Reply #24)
geralmar This message was self-deleted by its author.
Hortensis
(58,785 posts)thought have existed probably as long as laws themselves. It's not a new thing. They're constantly popping up anew and in this nation constantly being fought by civil rights protectors. As long as we retain our representative democracy that will continue.
I'd forgotten what I'd read about virtual porn and didn't even consider it, but of course you're right that it is illegal and that a new federal law written as an obscenity statute has so far been upheld after a previous one was struck down. The argument is that virtual child porn violates obscenity laws and obscene language is considered not protected by the First. Interesting that, and thanks for bringing it up.
Response to Hortensis (Reply #26)
geralmar This message was self-deleted by its author.
Hortensis
(58,785 posts)depending on what state one was in and what laws hadn't been struck down yet. But liberalism was still overall ascendant then, so it might have been true federally. That was the prevailing principle.
It still is but may not be in future if things go very bad. I wish more people realized how huge the stakes are. Our rights aren't gravity. We can effectively vote or not-vote any of them out of existence, including even the vote itself.
Response to Hortensis (Reply #28)
geralmar This message was self-deleted by its author.
TomSlick
(11,096 posts)After very nearly thirty years as an Army JAG, I can assure you that the court-martial system is not "authoritarian." In my experience, a defendant before a court-martial is afforded more protections than in the civilian system. While there are some differences between a court-martial and a civilian federal court, the differences do not diminish the right to a fair trial. If nothing else, the members of the court - the counterpart of a civilian jury - are all well educated and take their oaths to fairly decide the case very seriously.
(I'll climb off my soapbox now.)
I saw no basis for an entrapment defense in the article attached to the OP whether before a civilian court or court-martial.
Hortensis
(58,785 posts)understood justice very well, of course. I've seen A Few Good Men. I did assume that its authoritarian structure and philosophy might be reflected in the legal code, in ways that didn't conflict with the constitution, but this wasn't a slap at the quality of the law, only that it might be somewhat different.
Not surprised that nothing in the article suggested entrapment in either system, but nice to hear.
Is this guy likely to be able to keep any benefits, do you think, or get some reinstated on an appeal? We have a retired Air Force colonel in our extended family, and his benefits are considerable.
Years ago, I had a friend just insist that I watch A Few Good Men despite my rule against watching movies and TV shows about lawyers. At the end, I was throwing things at the TV.
At the end of the movie, the defendant was convicted of "Conduct Unbecoming a Marine." I started cursing at the screen. First, there is no such offense under the UCMJ. (There is an offense of Conduct Unbecoming an Officer but the movie defendant was not an officer.) Second, there is nothing beneath the dignity of a Marine. Sorry, the old Army guy couldn't resist.