A number of groups are unhappy that Major Hasan has not been charged under Article 119a, UCMJ, yet for his killing of a pregnant mother and her fetus at Fort Hood. (See e.g. Pro-Life Group Asks Military to Charge Hasan) So far his court-martial charges are all the 118’s. One…
Articles Posted in court-martial
AF nurse case is in the initial trial stages
WOAI.com reports: A former military nurse will be court-martialed for allegedly killing three terminally ill patients at the Air Force’s largest hospital. Capt. Michael Fontana is set to enter a plea in September at Lackland Air Force Base, near San Antonio. The military announced Tuesday that a trial date will…
So which – – –
So which CID agents are violating Article 92, UCMJ? And if they are lawyers on the government side, which lawyers are violating Article 92, UCMJ, and ethics rules for lawyers in the Army regarding pretrial publicity? officials told The Associated Press on condition of anonymity because they were not authorized…
A SPCM panel of at least three not unconstitutional
(Thanks to Volokh Conspiracy) we have Sanford v. United States, No. 08-5402 (D.C. Cir. 13 November 2009), in which the court held that a SPCM with less than six members is not unconstitutional. The court notes that: This court has recognized that the standard of review in non-custodial collateral attacks…
Social sites and court-martials
I have mentioned several times that I always look for MySpace, Facebook, and other social network accounts held by witnesses at a court-martial trial I have. In a number of instances I have found information, photographs, or leads to other information that has been useful for cross-examination at the court-martial. …
Wrong!
Online Newshour reports: And it doesn’t have to be all 12 members voting him guilty. Two-thirds to convict is enough. And it does have to be unanimous to give him the death penalty. In a death penalty case the members have to be unanimous on a finding of guilty. The…
Courtrooms
How the Military Will Try Nidal Hasan This reminds me of A Few Good Men. Remember, in the Navy court-room the Army JAG symbol is on the podium. Well here they have a picture of courtroom A at Marine Camp Foster, Okinawa, Japan. We know the picture’s about a year…
The Intelligence side of Major Hasan’s case
There is a great deal of pontificating on both sides of the aisle about Major Hasan, Fort Hood, and intelligence failures. Here is a rational discussion and perspective. In last week’s global security and intelligence report, we discussed the recent call by the leader of al Qaeda in the Arabian…
ACCA decision in Kloch
ACCA has decided United States v. Kloch. The accused wanted to tell the military judge in his unsworn that several of his co-accused’s had received 15 days confinement at summary court-martial, etc. The MJ would not allow the statement. ACCA found error, but that it was non-prejudicial.
At least 13 charges against Major Hasan
An official news release from Fort Hood PAO states that: The charges filed against Hasan include 13 specifications of premeditated murder, in violation of Article 118, Uniform Code of Military Justice, (emphasis added). hat-tip to CAAFLog. The media has been speculating all afternoon based on a CID news conference. I…