Court-Martial Trial Practice Blog

LTC Lakin’s defense

October 11, 2010 | The Law Office of Philip D. Cave

Lots of political rhetoric, name calling, and pithy evaluations continue about this court-martial case. But putting the chaff aside there have been and can be a number of teachable moments.

It is unclear what role if any APF will continue to have in this case. The website and a recent email indicate a role limited to publicity for LTC Lakin, his case, and the birther issue. See APF still ‘in the fight’ and apparently LTC Lakin intending to stay the course, and compare with the current site. The United States Patriots Union is now apparently in the game with their four ‘White Papers’. I am labelling them the nativists. While APF has a focus on the birth certificate, the USPU argues the APF position is too narrow and has a focus on the natural born aspect of presidential eligibility as well. Neither theory is helpful to LTC Lakin. Neither theory was helpful before he disobeyed orders and neither is relevant now. Neither theory will ever be relevant to a defense against the current charges. LTC Lakin is in a bind.

I would suspect that the new defense team will bilge the birther/nativist theory. So the question becomes what might be their strategy or approach. I would imagine efforts to avoid or remove this case from trial might be one. Thinking outside the box (or outside the schoolroom solution) is vital. But despite the thinking, can it be done, can a viable defense be fashioned for LTC Lakin.

MEJA, CEJA, etc., etc., etc.

October 11, 2010 | The Law Office of Philip D. Cave

Huffington Post has this piece about PMC’s and the UCMJ.

It is common to complain that the while the use of private military contractors (PMC) has grown rapidly in the past decade, the legal apparatus to hold them accountable has failed to keep pace. But that is not as true as it once was. In fact, there are at least four distinct sources of criminal law that can hold contractors accountable for their actions: (1) international law, (2) host-nation law, (3) U.S. civilian law, and (4) U.S. military law. Of course, all of these have their own limitations and problems, such as jurisdiction and applicability.

But military law, at least for the U.S., the world’s biggest consumer of PMC services, military law shows increased promise.

We’ve seen this before

October 11, 2010 | The Law Office of Philip D. Cave

In a court-martial under the court-martial UCMJ setting, can a PTA bind the prosecution/convening authority to something he or she has no control over — generally the conditions of confinement. There’s a teachable moment here for the court-martial practitioner.

Air Force Times reports:

The attorney for a former al-Qaida cook said Monday that the government did not deliver on a promise that led him to plead guilty to supporting terrorism, and she said that could discourage other inmates at Guantanamo from reaching deals with prosecutors.

MAJ Hasan sitrep

October 11, 2010 | The Law Office of Philip D. Cave

Courtesy of Karen Franklin’s blog:

The defense team for Army psychiatrist Nidal Malik Hasan has retained prominent forensic psychologist Xavier Amador. The New York-based expert has been involved in several high-profile cases involving the military, including those of PFC Lynndie England (of Abu Ghraib infamy) and U.S. Army sergeant Hasan Akbar, who killed two fellow officers and wounded 14 soldiers in Kuwait in 2003. He was also a defense expert in the trial of would-be 9/11 hijacker Zacarias Moussaoui.

Coast Guard collision San Diego Bay

October 10, 2010 | The Law Office of Philip D. Cave

Courtesy of cunninghamreport.com here are links to the Article 32, IO, report and recommendations.

Ramos Charges
Howell Charges
Rasmussen Charges

Couple of interesting points.

Up periscope

October 10, 2010 | The Law Office of Philip D. Cave

Inside Bay Area has a piece about corruption in the California National Guard.

From 1986 until her retirement last year, Jaffe’s job with the California Army National Guard was to give away money — the federally subsidized student-loan repayments and cash bonuses — paid for by federal taxpayers nationwide — that the Guard is supposed to use to attract new recruits and encourage Guard members to re-enlist.

Instead, according to a Guard auditor turned federal whistle-blower, as much as $100 million has gone to soldiers who didn’t qualify for the incentives, including some who got tens of thousands of dollars more than the program allows.

LTC Lakin sitrep

October 9, 2010 | The Law Office of Philip D. Cave

I use Google Chrome for a browser so this wasn’t apparent to me. But Dr. C. at obamaconspiracy.org points out the following:

I have no way of knowing whether LtC Terry Lakin authorized the use of his image to sell tax advice, bridge loans, auto liability insurance, and whatever other advertising attaches itself to his photo over at WorldNetDaily (hover mouse anywhere over the photo at WND for maximum advertising effect). Nonetheless, I think this image, as much as any other, points out how this honorable, but confused, soldier has become the tool of [select a name].

Of course when viewed in MSIE you can see what the doctor ordered.

New ACCA case

October 9, 2010 | The Law Office of Philip D. Cave

ACCA has released an opinion in United States v. Martinez. Here is the first issue:

WHETHER A REASONABLE PERSON WOULD QUESTION THE TRIAL JUDGE’S IMPARTIALITY WHEN A SENIOR MILITARY JUDGE, WHO APPEARED TO HAVE ASSISTED THE GOVERNMENT DURING TRIAL, ENTERED THE TRIAL JUDGE’S CHAMBERS DURING RECESS AND DELIBERATIONS, IN VIOLATION OF APPELLANT’S RIGHT TO DUE PROCESS.

This appears to be an interesting situation of the supervising judge from the gallery seeing some things going wrong with how the judge was conducting the case. The supervising judge ended up communicating to the trial judge initially through trial counsel, in the court-room, while trial was ongoing. The contacts with trial counsel are described as “irregular.”

Blazing moment

October 9, 2010 | The Law Office of Philip D. Cave

Thanks to CrimProfBlog here is a link to an interesting post on Grits for Breakfast, with potential for relevance in a court-martial tried under the UCMJ, with examiners from USACIL and DCFL, etc.

There was an astonishing moment yesterday at a breakout session on fingerprint examination at theTexas Forensic Science Seminar, at which Department of Public Safety fingerprint examiner Bryan Strong (who seemed like a really nice guy so I hate to pick on him) was describing how his division implemented the ACEV method of fingerprint examination in ways that may violate the state and prosecutors’ obligations under Brady v. Maryland.

blah, blah.

Military and political activity

October 9, 2010 | The Law Office of Philip D. Cave

All service members are encouraged to vote. You can make donations. You can attend political functions, but not in uniform.

Here the Marine Times points out that there are some considerations and limits on political activity.

DoDD 1344.10.