Army Times reports:
The Army psychiatrist charged in last year’s deadly Fort Hood shooting rampage is to have a mental evaluation this week, his attorney said Monday.
Maj. Nidal Hasan will be evaluated in the county jail near the Texas Army post as early as Tuesday by a three-member military mental health panel, said his lead attorney, John Galligan.
PTA provisions depriving an appellant of parole and clemency consideration under generally applicable procedures are unenforceable under R.C.M. 705(c)(1)(B). United States v. Tate, 64 M.J. 269, 272 (C.A.A.F. 2007).
The big news in the presidential pardons world is that President Obama has finally granted nine pardons. Pardon Power blog reports:
682 days into his presidency, Barack Obama has finally discovered the clemency power by granting 9 pardons.
One of the nine is a military case from 1994 in which the accused was sentenced to 24 months confinement.
Here is a new piece of information from wing nut daily:
Lieutenant Colonel Terrence Lakin, a distinguished Army flight surgeon, is "certain" to be convicted of disobeying orders, according to his lawyer, Neil Puckett.
Notice he does not apparently address the missing movement. Maybe the “specific” movement issue is a winner? See below.
A thought as we get closer to trial. As the Greeley Gazette article and the current postings at such places as PostandEmail, safeguardourconstitution, and wing nut daily, demonstrate there is a great deal of criticism about Judge Lind. Some of that criticism has been harsh and excessive. Other than a statement from LTC Lakin’s lawyer that the judge was right, there has been no public disavowel from LTC Lakin. I don’t know he required to do so, except in an effort to get clemency. But . . . .
Will the new defense counsel voir dire the military judge and challenge her or ask her to recuse herself? If this is to be a members trial, then I think she can clearly say the right words in response to a voir dire and not recuse herself and not to have been found in error on appeal. But, what if LTC Lakin elects a judge alone trial? Maybe that’s different (unless it is part of a PTA)? Implied bias can be a reason to challenge a military judge just as much as members. Remember the Marine case from some years ago, where the SJA got heavily involved in trying to remove the MJ because of her alleged relationship with the defense counsel.
As trial approaches the Greeley Gazette has an article part of which notes that the case is now something of a comedy routine on the late night shows. Apparently being the focus of a skit on SNL adds merit.
LTC Lakin’s brother Greg is a lawyer as well as a doctor. There is an interesting comment:
Greg stated that he has not received any response to his letters and is concerned the Army will simply take the easy way out by avoiding the issue and simply lock up his brother. He said based on his experience as a prosecutor in situations like this where there is no case law, “Judges go in with a pre-determined idea how they are going to decide it and take case law and policy statements to say whatever they want. There is no magic law that supports either position.”
Professor Colin Miller has this useful reminder of the effects from Berghuis v. Thompkins.
Say Anything?: Jeopardy Question About New Miranda Opinion Gets It Almost Completely Correct
Last night’s episode of Jeopardy! featured the category "A Murder Investigation," with The Closer’s Kyra Sedgwick reading the clues. The $1000 clue in the category was:
Fox News reports
A key intelligence report that could aid accused Fort Hood shooter Maj. Nidal Hasan’s defense is being withheld by the Obama administration, according to a letter obtained by Fox News as part of its ongoing investigation of a radical American cleric. . . . . John Galligan, Hasan’s defense attorney, told Fox News that he requested the White House intelligence report nearly a year ago, and it is only now that he has officially been told the information will not be available.
Reuters reports:
Lawyers for one of five U.S. soldiers accused of murdering unarmed Afghan civilians for sport petitioned a military appeals court on Thursday to open grisly photographic evidence in the case to public scrutiny.
The writ also sought to have the court in Arlington, Virginia, halt the so-called Article 32 investigative proceedings against the soldier, Private First Class Andrew Holmes, until the U.S. Army Court of Criminal Appeals had ruled on the defense petition.
Norbrook has a good piece here on Blue Wave News about Conscience and Duty. Worth a read.
And TPMMuckraker has this piece.
In the lead-up to the court martial, the American Patriot Foundation, the group that set up his legal defense fund, launched "Terry Lakin Action Week," and invoked Nuremberg to argue Lakin’s case[.]
Court-Martial Trial Practice Blog