You can’t be a judge and a Senator, Huckleberry.
Sen. Lindsey Graham (R-SC) has been censured by an Army court on the same day he agreed to a deal with the White House outlining new provisions for military justice in cases involving suspected terrorists.
The U.S. Court of Appeals for the Armed Forces yesterday held that Sen. Graham violated the Incompatibility Clause of the Constitution when, as a Reservist, he sat on the Air Force’s intermediate appellate court while also a member of the Senate.
According to one military law expert, there is no penalty for Graham, but the court overturned the case on which Graham sat, entitling the defendant to a whole new appellate review of his court-martial.
It is unclear if the government will seek to appeal. If it doesn’t, Graham would have to give up his certification as an appellate military judge.