Serving in Congress and the Military

Fewer and fewer members of Congress have any direct experience with the military. One way to remedy that is for legislators to join the reserves. But Sen. Lindsey Graham, R-S.C., is finding that sometimes, that can get you in hot water. Graham, an Air Force reservist, was appointed two years ago to the service's Court of Criminal Appeals. Now, USA Today reports, an airman is seeking to have his conviction on cocaine charges thrown out on the grounds that Graham--one of three appellate judges who reviewed the case--shouldn't be allowed to serve on a military court because of separation of powers concerns. He argues that because Graham is a politician, legal decisions he makes might be calculated to please the voters back home.

Lawyers for the airman also make another novel argument: that as head of the Senate Armed Services Committee's panel on military personnel issues, Graham has a conflict because he has oversight over pay and benefit issues that could affect him directly.