detainee Tag Archives — Court-Martial Trial Practice Blog

Of interest to civilian counsel

May 27, 2010 | The Law Office of Philip D. Cave

Courtesy of CAAFLog here is a link to a proposed amendment to Article 27, UCMJ.

If passed the bill will have retroactive effect.

SECTION 1. REIMBURSEMENT OF ATTORNEY FEES OF A MEMBER OF THE ARMED FORCES WHO RETAINS PRIVATE COUNSEL AND HAS CHARGES BROUGHT UNDER THE UNIFORM CODE OF MILITARY JUSTICE DISMISSED OR WITHDRAWN OR IS ACQUITTED.

(a) Reimbursement Required Under Certain Circumstances- Section 827 of title 10, United States Code (article 27 of the Uniform Code of Military Justice), is amended by adding at the end the following new subsection:

`(d)(1) Nothing in this section (article) prohibits an accused from retaining private counsel to serve as defense counsel before a general court-martial or special court-martial.

`(2)(A) If the accused retains private counsel to represent the accused in a case described in subparagraph (B) and all of the charges against the accused are dismissed or withdrawn or the accused is acquitted on all charges (or some combination of dismissed or withdrawn charges and acquittal), the Secretary concerned shall reimburse the accused for all attorney fees incurred by the accused in the case.

`(B) Subparagraph (A) applies with respect to a case against a person subject to this chapter who is accused of any offense in violation of this chapter under circumstances involving the treatment of an insurgent, enemy combatant, detainee, or a suspected or known terrorist.

`(C) The Secretary concerned shall provide reimbursement required under this paragraph using funds otherwise available to the Secretary to carry out this chapter.’.

(b) Retroactive Application of Amendment- Paragraph (2) of subsection (d) of section 827 of title 10, United States Code (article 27 of the Uniform Code of Military Justice), as added by subsection (a), applies with respect to any charges brought under the Uniform Code of Military Justice after September 11, 2001, that involve the circumstances described in subparagraph (B) of such paragraph.

New prisoner abuse investigation

January 7, 2010 | The Law Office of Philip D. Cave

The U.S. military has begun investigating allegations that two Afghan teenagers were beaten and humiliated by guards while in American custody last year at a secret detention center at Bagram Air Base, according to U.S. and Afghan officials.

The Washington Post reports. It appears an AR15-6 investigation is ongoing. Too early to tell what will come of this and whether there will be a court-martial or other disciplinary action.

Former Gitmo prosecutor released from CRS employment

December 5, 2009 | The Law Office of Philip D. Cave

Washington Post reports that Col Morris Davis will be released at the end of his probationary period with Congressional Research Service because of recent media pieces.

In the Nov. 10 Journal article, Davis wrote that Attorney General Eric H. Holder Jr.’s decision to use both federal court and military commissions to try detainees was "a mistake."

"It will establish a dangerous legal double standard that gives some detainees superior rights and protections, and relegates others to the inferior rights and protections of military commissions," Davis wrote.