Court-Martial Trial Practice Blog
Spanish National Court Judge Santiago Pedraz issued an arrest warrant [text, in Spanish; PDF] Thursday for three US troops suspected of gunning down Spanish journalistJuse Couso [advocacy website, JURIST news archive] in Iraq. Couso, a television cameraman, was killed in 2003 when a US tank fired into the Palestine Hotel in Baghdad.
www.army.mil reports that:
Only about 10 percent of the 400,000 servicemembers asked to complete a survey about possible repeal of the "Don’t Ask, Don’t Tell" law have responded so far, and DoD officials said they need to hear from the rest.
1. People don’t care?
2. People are against revision and are afraid to say so?
3. People are in favor of revision and are afraid to say so?
4. Bureaucracy hits and people didn’t have the email or it was sent to the wrong or a closed email address?
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Rehearinmg was denied by the Supreme Court in Berghuis v. Thompkins. This was the other side of Davis. Now in order to properly invoke the right to silence the suspect must clearly state that they invoke the right to silence. Haven’t looked yet so I’m not sure how CAAF will treat this issue. Hopefully they will continue to look at Article 31, UCMJ, as taking a more realistic approach, although they didn’t in Davis. There is nothing in CAAF or Article 31 law that would prohibit CAAF reaching an opposite conclusion in applying Article 31, UCMJ.