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Court-Martial Trial Practice Blog

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LTC Lakin is spinning

The spinning has begun, and yes there’s a pun in there, or at least an attempted one.  Based on cherry-picked comments from a number of Lakin supporters it appears that all of this is merely the military judge saving the President “embarrassment.”  They are grasping at a straw as a…

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NMCCA decisions

NMCCA has released a number of decisions.  Several have providency issues and issues not raised by appellate counsel. United States v. Messias.  The court set-aside a finding of guilty to because of an inadequate providence inquiry.  No sentence relief granted. While the providence inquiry establishes facts sufficient to demonstrate that…

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LTC Lakin’s defense crushed in detail

I have just returned from watching most of the Article 39(a), UCMJ, hearing.  (I left as the last item on the table was a defense request for Alan Keyes and LtGen McInerney.) To say that the military judge destroyed the defense arguments in detail would not be an overstatement.  Although…

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Up periscope

TheAtlanticWire reports: Mother Jones’ Adam Weinstein reports that soldiers at Virginia’s Fort Eustis were recently punished for refusing to attend one of the many Christian evangelical events sponsored by the commanding base general and "self-professed ‘reborn’ officer, Maj. General James E. Chambers." The incident and subsequent investigation have revealed a…

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LTC Lakin update

safeguardourconsititution (APF) has an affidavit from LTG T. McInerney in support of LTC Lakin’s discovery request. Lawyers interested in the legal merits of the issue will likely find themselves dissatisfied with the affidavit.  It is a combination of justification for LTC Lakin’s contumacy and reasons why the discovery should be…

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Up periscope

AP is reporting that the Khadr detainee trial will begin again 18 October. Here is an interesting Washington Post opinion piece about some contractors in Iraq. THE ALLEGATIONS are sadly familiar by now: The men were picked up by U.S. military forces, locked in tiny cells, deprived of sleep, and…

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Fort Gillem shooting update 2

Army Times reports: Attorneys for a disgruntled Army Reserve soldier who fatally shot his supervisor after his vacation was denied say his fasting to meet stringent military weight guidelines left him in a trancelike state. (This courtroom sketch shows Army Reserve Sgt. Rashad Valmont during military hearing Monday, Aug. 30,…

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Marines plan for Military Justice

CAAFLog previously put out: FY 2010 DOD Authorization Act includes a provision (Section 506) establishing a five-member “independent panel to review the judge advocate requirements of the Department of the Navy.”  The panel “shall carry out a study of the policies and management and organizational practices of the Navy and…

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