Articles Posted in Worth the Read

https://globalmjreform.blogspot.com/2017/06/targeting-and-law-of-war.html

Reposting a new publication for judge advocates supporting investigations into law of war violations.  In particular, it relates to targeting decisions and the aftermath.  There are specific points to assist in evaluating criminal responsibility under the UCMJ.

In United States v. Battles, No. 20140399 (A. Ct. Crim. App. 31 May 2017), the court asked:

Where in the World is Captain Danenberger?

That he is named in the court opinion will tell the lawyer that this is a bad story.  “After conclusion of appellant’s trial, an embarrassing and unnecessary sideshow unfolded. The central figure in this drama is PFC LL’s SVC—Captain (CPT) John Danenberger. While we will explain in more depth, CPT Danenberger essentially mislead various individuals about his whereabouts, missed a court hearing, and then tried to deflect blame by breaching his duties to his client by implying his client had been untruthful in her testimony. While CPT Danenberger’s lack of candor was the fuel for this conflagration and his breach of professional standards was the spark that set it ablaze, the resulting fire likely should have been quickly extinguished. Instead, a multi-month drama unfolded.”

The ongoing discussion about removing the line officer convening authority from making court-martial decisions is not new, nor are the criticisms of how a military justice process should work.  Check out–

Fred L. Borch, Military Justice in Turmoil: The Ansell-Crowder Controversy of 1917-1920.    ARMY LAWYER, Feb. 2017.

Chief Judge Erdmann is scheduled to leave the court in July 2017.

At that point, the next judge in line will fleet up to be chief judge.  Interestingly Judges Stucky and Ryan took the oath on the same day for the same term.  However, I’m reliably advised that by statute Judge Stucky will become chief judge.

It appears DoD has sent out a letter to various bar associations soliciting nominations, to be submitted by the end of March.

The New York Times reports:

President Obama on Tuesday largely commuted the remaining prison sentence of Chelsea Manning, the army intelligence analyst convicted of an enormous 2010 leak that revealed American military and diplomatic activities across the world, disrupted the administration, and made WikiLeaks, the recipient of those disclosures, famous.

The decision by Mr. Obama rescued Ms. Manning, who twice tried to commit suicide last year, from an uncertain future as a transgender woman incarcerated at the male military prison at Fort Leavenworth, Kan. She has been jailed for nearly seven years, and her 35-year sentence was by far the longest punishment ever imposed in the United States for a leak conviction.