Court-Martial Trial Practice BlogI commented a while ago about the Navy bottom-blow to remove the lowest quality performers to meet numbers. Stars & Stripes reports the AF needs to reduce, but it’s not clear how the reduction will be accomplished.
Articles Posted in Up Periscope
“Deserter” held at Bagram
Military.com reports:
A Maryland Soldier is in Army custody and classified as a deserter — unfairly, relatives say — after he extended a two-week midtour leave to take care of his sick wife and their new baby.
U.S. Rep. Roscoe Bartlett has lobbied the secretary of the Army to investigate whether the Army mistreated 20-year-old Pfc. Christopher Pfeiffer of Westminster. Fort Detrick officials have also worked to remedy his situation.
CAAF about to make a rule change?
It seems CAAF may be about to change the rule on how Grostefon submissions are made at CAAF.
Grostefon Draft Rule.
Grostefon Memo.
Mother to court-martial or Afghanistan; her child into custody
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 of the other issues that’s been discussed with Major Hasan is whether he tried to avoid going to deployment or asked to be discharged. Elsewhere, IPSnews.com reports:
U.S. Army Specialist Alexis Hutchinson, a single mother, is being threatened with a military court-martial if she does not agree to deploy to Afghanistan, despite having been told she would be granted extra time to find someone to care for her 11-month-old son while she is overseas.
Hutchinson, of Oakland, California, is currently being confined at Hunter Army Airfield near Savannah, Georgia, after being arrested. Her son was placed into a county foster care system.
So, how hard is it to avoid deployment without going AWOL?
AF annual drug warning
I’m not sure why, but it seems the Air Force must have a checklist of annual warnings. The official website makes one about prescription drugs, entitled: Prescription meds: Proceed with caution. The caution advises that misuse of prescription medications can result in disciplinary action, including court-martial.
When Airmen ignore inspecting their medicine cabinets they risk possible damage to their careers and, more importantly, can jeopardize their health.
This becomes a problem later if Airmen take prescribed medications after the prescription has expired.
President prejudices the prosecution of Major Hasan?
Kens5.com reports:
While Major Nidal Hasan recovers in a hospital, the depth and complexity of the legal case which could soon surround him is expansive and could take years to conclude, according to well-known defense attorney, Jack Zimmermann.
In addition to pretrial statements, it is to be considered that the president as commander in chief is the one who ultimately approves a death sentence and signs the warrant. Should President Obama remain in office for a second term, it’s possible he might get to make that decision. He already has one military death penalty warrant sitting somewhere in his office for consideration.
Guns galore for Major Nidal Hasan
NY Daily News and FoxNews.com report:
A 5.7-millimeter pistol used in the Fort Hood shooting was purchased legally by suspect Nidal Hasan at a Texas gun shop, law enforcement officials said Friday.
Army Col. John Rossi, deputy commander at Fort Hood, confirmed at a news conference late Friday in Texas that the two weapons carried by Hasan were not military arms, but "privately owned weapons … purchased locally."
Military actions – judicial proceedings – and international relations
Monstersandcritics.com: has a piece on, “Legal issues snarl German inquiry into airstrike colonel (1st Lead).” While the piece is relevant to criticism of the German commander who ordered an air strike in Afghanistan, I thought it might resonate a little in regard to Italy’s conviction of a U.S. Air Force officer (More on the Italian prosecution on a USAF colonel).
The issue has caused strain between Germany, which has loosened its rules so that its troops in Afghanistan can shoot back, and US General Stanley McChrystal, who is trying to bolster Afghan public support for his International Security Assistance Force (ISAF).
Crime in the military
The sad events at Fort Hood have caused some to review the general “crime rate” within the military. Slate’s Daniel Engber has this short piece.
Is There a Lot of Crime on Military Bases?Not as much as you’d think.
That said, major crimes have been in on the rise across all bases since 2003, according to a report (PDF) released in July. Rates of arrests for murder, rape, assault, and arson saw an especially large bump between 2007 and 2008. The study, which was commissioned after six members of the same brigade were charged with homicides over a 12-month period, found that soldiers with more combat experience—and whose units had suffered more casualties—were at greater risk than other soldiers of developing mental illness, conduct problems, and criminal behavior.