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NBC reports that SGT B. Bergdahl is the subject of the second Season, and the first pod is available today.

http://www.nbcnews.com/storyline/bowe-bergdahl-released/serial-season-2-debuts-bowe-bergdahl-telling-desertion-story-n477596

The popular podcast “Serial” launched its second season Thursday, shining a spotlight on the mysterious disappearance of U.S. Army Sgt. Bowe Berghdahl — and allowing him to be heard publicly for the first time since he was freed by the Taliban in May 2014.

It’s called a pen or keys on a computer keyboard–use one or two, or three, or . . . .

Senators demand transparency in US military justice system

These words are great.  They should be acted upon.  Senators ACT.  Can you perhaps put something in the next NDAA or get some sort of exception to FOIA?

Stars & Stripes reports:

If I were Petraeus’s lawyer or your lawyer and got a similar result I’d be ecstatic, as would you be.

But the other part of me asks what I should tell you the young enlisted client, the NCO, the junior officer, the senior officer, in a similar situation.  I fear you will not be so lucky.  I’m not talking about the adultery here–that’s subject to the rule of de minimis non curat lex in my mind.  But the mishandling of classified material for personal use?

Today, 5 November 2015, the Court of Appeals for the Armed Forces granted our petition in United States v. Pinkela, reversed the findings for aggravated assault and reckless endangerment, and affirmed a lesser included offense of assault and battery.

United States v. Pinkela, ACCA — I.

U.S.C.A.A.F. — I.  This was a summary disposition with a remand to consider the case in light of United States v. Guitierrez.

http://globalmjreform.blogspot.com/2015/11/in-good-to-see-category.html

The government filed its answer in Bergdahl v. Burke at CAAF today.

You may note on page 1,before getting to the merits.

• It misidentifies the parties/

Click to access Bergdahl-NBC-News-Amicus-Brief.pdf

See more of the litigation at https://www.court-martial.com/bergdahl-appellate-litigation.html

The Joint Service Committee on Military Justice has proposed new rules for courts-martial, including rules of evidence.  The proposal is open for public comment.

There is much to think about, some good, some possibly bad, and as I note below, some odd.

I have updated events of today:

Bergdahl.

ACCA denies Hearst, et., al. petition for extraordinary writ.

Here are two items of potential interest to military justice practitioners from Volume 68 VANDERBILT L. REV.

Todd Haugh, Overcriminalization’s New Harm Paradigm, 68 Vand. L. Rev. 1191 (2015).

Joshua D. Foote, Hung Up on Words: A Conduct-Based Solution to the Problem of Conspiracy in Military Commissions, 68 Vand. L. Rev. 1367 (2015).