An American war resister one step away from being extradited to the United States has learned she’ll get to stay in Canada a little longer. A judge has ordered a new pre-removal risk assessment for Kimberly Rivera, a 27-year-old mother of three who deserted the U.S. army in 2007 because…
Court-Martial Trial Practice Blog
Fourth Circuit on validity of a MEJA-extra territorial type prosecution.
Monday, August 10, 2009: Fourth Circuit affirms CIA contractor detainee abuse conviction, Andrew Morgan [JURIST] The US Court of Appeals for the Fourth Circuit [official website] on Monday affirmed [opinion, PDF] the conviction of a Central Intelligence Agency (CIA) [official website] contractor on assault charges related to the abuse of…
War “protester.”
Putting the war in Afghanistan on trial Holly Lewis reports from the court-martial of war resister Victor Agosto, who won even before his trial for refusing to deploy to Afghanistan began. (She saw more of the summary court-martial than his lawyer did.) August 10, 2009 Through the looking glass THE…
It’s caused by quantum flux
Here’s the trial lawyers guide to those difficult to read, hard to interpret, and impossible to reconcile appellate decisions. Attribute Everything Mysterious To ‘Quantum Flux’ A reading of Gabriel Fournier’s The Eclipse Of Infinity reveals that the new science-fiction novel makes more than 80 separate references to "quantum flux," a…
Abu Ghraib
Lynndie England of Abu Ghraib fame will be speaking about her autobiography this Friday, 14 August 2009, at noon, at the Madison Building of the Library of Congress , Room LM139. LCPA Veterans Forum August 14, 2009, 12:00 PM – 1:00 PM LM 139 First floor James Madison building Lynndie…
Computer for lawyers, not an app.
Here is a neat website that allows you to calculate a deadline and due dates. Not an application, so there’s nothing to install on your computer or iPhone or BB – and for the overhead conscious it’s free. WolframAlpha. There’s a free download which will allow you to have a…
Sadly more on attorney Paul Bergrin
We previously noted the serious allegations against attorney Paul Bergrin for alleged racketeering, witness tampering, and murder. Stunning development David Kocieniewski, Lawyer’s Ways Spelled Murder, U.S. Is Charging, NY Times, 20 May 2009. In June Mr. Bergrin plead not guilty to these charges, according to NJ.com. Sarah Rice, The Star-Ledger…
Collateral consequences – clearances
Here is a link to the Bond Amendment. The amendment replaced what was known as the Smith Amendment. There were good and bad changes. Good was the change to “served” rather than “sentenced” to more than one year; bad is that all agencies and all types of clearance are covered.…
Provident plea?
(1) An accused may not enter inaccurate, inconsistent, improvident, or uninformed pleas of guilty, and the military judge may not permit the accused to do so. UCMJ art. 45, 10 U.S.C. § 845 (1988); see United States v. Schwabauer, 37 M.J. 338 (C.M.A. 1993). (2) Therefore, before the military judge…
Up periscope snippets
Hours Before Court-Martial, Army Resister Victor Agosto Speaks Out on Why He’s Refusing to Fight in Afghanistan: from Democracy Now, 5 August 2009. ————————————————- Ex-soldier appeals court-martial, Rochelle Hines, Florida AP. (Hopefully it’s not his lawyer who has the names of the appellate courts wrong.) Camilo Mejia, 1st GI to…