JAG CENTRAL

Senator/Colonel Lindsey Graham, USAF, Pictured Before His Promotion (Metrobeat.com)

From USA Today, Senator's Service as Military Judge Scrutinized:

In a case that could help determine whether citizen-soldiers have a place in Congress, a federal court on Tuesday will weigh whether a U.S. senator who helps make Pentagon policy and has spoken out on issues such as Iraqi prisoner abuse can also serve as a military judge.

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.

The senator began his Air Force career on active duty in 1982 and served as both a prosecutor and defense lawyer. In 1988, he transferred to the Reserves before serving a five-year stint in the South Carolina Air National Guard. Graham went back to the Reserves in 1995, after he was elected to the House of Representatives.

You can read LawyerDad's earlier post about Senator/Colonel Graham here.