The Guardian (UK) has this report: Twelve American soldiers face trial over an secret "kill team" that allegedly blew up and shot Afghan civilians at random and collected their fingers as trophies. Five of the soldiers are charged with murdering three Afghan men who were allegedly killed for sport in…
San Diego Online has this short piece on the Coast Guard boating case and the ongoing Article 32, UCMJ, hearing which began today. Lawyers for the driver of a Coast Guard boat that killed an 8-year-old San Diego boy in December said the Coast Guard is prosecuting Petty Officer 3rd…
And now for the political question doctrine. See fn. 2., I believe at one point Mr. Jensen was complaining that the military judge wasn’t going to apply any “civilian” cases. See fn. 3., for the judge’s rather sparse treatment of the de facto officer doctrine.
And now for some history. Those with some basic familiarity with military law and who have been following the blogs of those with military law experience will recognize the cases cited.
From the conclusions of law:
I posted a tease here, and it didn’t take long for Dwight “My Liege” Sullivan to crack the code. In other words, Judge Lind used the word “embarrassment” in precisely the political question doctrine context (and using almost exactly the same words) as CAAF in New and the Supremes in…
Here is a link to the 3 September 2010 Federal Register for the recent MCM amendments signed by The President. And the humor you say – – – – Hat tip to Native and Natural Born Citizenship Explored blog (a not a birther blog).
Found at birtherreport.com. LTC Lakin and Mr. Jensen will be on the Barry Farber radio tonight at 2000. Apparently the “embarrsassment” language was intended by the judge to alert Congress that they need to begin impeachment proceedings. Note, it is Article 46, UCMJ, 10 U.S. Code 846.
NMCCA has released a number of decisions. Several have providency issues and issues not raised by appellate counsel. United States v. Messias. The court set-aside a finding of guilty to because of an inadequate providence inquiry. No sentence relief granted. While the providence inquiry establishes facts sufficient to demonstrate that…
Here is a link to the Executive Order signed 31 August 2010 with amendments to the Manual for Courts-Martial.