Lots of political rhetoric, name calling, and pithy evaluations continue about this court-martial case. But putting the chaff aside there have been and can be a number of teachable moments. It is unclear what role if any APF will continue to have in this case. The website and a recent…
Court-Martial Trial Practice Blog
MEJA, CEJA, etc., etc., etc.
Huffington Post has this piece about PMC’s and the UCMJ. It is common to complain that the while the use of private military contractors (PMC) has grown rapidly in the past decade, the legal apparatus to hold them accountable has failed to keep pace. But that is not as true…
We’ve seen this before
In a court-martial under the court-martial UCMJ setting, can a PTA bind the prosecution/convening authority to something he or she has no control over — generally the conditions of confinement. There’s a teachable moment here for the court-martial practitioner. Air Force Times reports: The attorney for a former al-Qaida cook…
MAJ Hasan sitrep
Courtesy of Karen Franklin’s blog: The defense team for Army psychiatrist Nidal Malik Hasan has retained prominent forensic psychologist Xavier Amador. The New York-based expert has been involved in several high-profile cases involving the military, including those of PFC Lynndie England (of Abu Ghraib infamy) and U.S. Army sergeant Hasan…
Coast Guard collision San Diego Bay
Courtesy of cunninghamreport.com here are links to the Article 32, IO, report and recommendations. Ramos Charges Howell Charges Rasmussen Charges Couple of interesting points. Issues surrounding application and potential application of a privilege for safety investigations, a la Mil. R. Evid. 506. (a) General rule of privilege. Except where disclosure…
Up periscope
Inside Bay Area has a piece about corruption in the California National Guard. From 1986 until her retirement last year, Jaffe’s job with the California Army National Guard was to give away money — the federally subsidized student-loan repayments and cash bonuses — paid for by federal taxpayers nationwide —…
LTC Lakin sitrep
I use Google Chrome for a browser so this wasn’t apparent to me. But Dr. C. at obamaconspiracy.org points out the following: I have no way of knowing whether LtC Terry Lakin authorized the use of his image to sell tax advice, bridge loans, auto liability insurance, and whatever other…
New ACCA case
ACCA has released an opinion in United States v. Martinez. Here is the first issue: WHETHER A REASONABLE PERSON WOULD QUESTION THE TRIAL JUDGE’S IMPARTIALITY WHEN A SENIOR MILITARY JUDGE, WHO APPEARED TO HAVE ASSISTED THE GOVERNMENT DURING TRIAL, ENTERED THE TRIAL JUDGE’S CHAMBERS DURING RECESS AND DELIBERATIONS, IN VIOLATION…
Blazing moment
Thanks to CrimProfBlog here is a link to an interesting post on Grits for Breakfast, with potential for relevance in a court-martial tried under the UCMJ, with examiners from USACIL and DCFL, etc. There was an astonishing moment yesterday at a breakout session on fingerprint examination at theTexas Forensic Science…
Military and political activity
All service members are encouraged to vote. You can make donations. You can attend political functions, but not in uniform. Here the Marine Times points out that there are some considerations and limits on political activity. DoDD 1344.10. In short, you are barred from doing online what you can’t do…