Over at Global Military Justice Reform blog I posted about the NDAA 2016 and a “how are we doing” note.
I begin with,
In the U.S. National Defense Authorization Act 2016 (NDAA) the Congress made some significant changes to the UCMJ and the President’s follow-on Executive Order directed conforming changes and implementation regulations in the Manual for Courts-Martial (MCM). All of the materials are available at the DoD Joint Service Committee on Military Justice website.
When public confidence in our institutions and our leaders is flagging, we would do well to remember that pursuing a justice system fair and equal for all — free of political influence — and a decision-making process based on sound judgment and an honest effort to confront difficult truths are goals not easily achieved but always worth the effort.
The Coasties have changed links to places of interest.
I believe these are the new places to visit.
https://www.uscg.mil/Resources/legal/Court-of-Criminal-Appeals/
Applying this rationale, I believe, contrary to the view expressed by my brothers, that there is more than a possibility that appellant’s trial was adversely affected by unlawful command influence. My experience as an officer and lawyer in the Army is that, when a commander says he is angry about individuals giving favorable testimony on behalf of accused soldiers, people in his command pay attention. My experience also convinces me that, when this commander is a major general, and he expresses his displeasure in this regard in lectures over a period of a year and is joined by members of his staff and other subordinates in publicizing his view, a reasonable person could conclude that every trial in that jurisdiction was very likely to have been affected by such unlawful actions.
United States v. Whitaker, 21 M.J. 597, 601-02 (A.C.M.R. 1985)
The Ndavy fired three SEAL leaders in the aftermath of the alleged rape on the Iraq air base and charged one operator, an enlisted SEAL, with sexual assault, aggravated assault via strangulation and assault by battery for allegedly biting the victim on the face, according to his charge sheet. He faces a court-martial in November. A hearing in the case was held Friday at Naval Base San Diego. At the hearing, the lawyer for the SEAL, said he was concerned his client, who identifies as “non-white,” cannot get a fair trial because of systemic racism in the military justice system, pointing out that there are no Black judges on the Navy bench.
On 27 August 2020, CAAF issued its opinion in United States v. Bergdahl.
You seek out a witness for the defense and they tell you they have to check with leadership to see if that’s OK. This happens occasionally.
Most of the time they come back and say they are good to go, or they are intransigent and you have to ask the TC to have a quiet word.
Remember this,
“I didn’t want to plead guilty.” Followed with “my lawyers forced me.”
That’s a not infrequent complaint with appellant’s who plead guilty.
“In another, the defendent objected to the Navy counsel’s advice to plead “guilty.” He stated that though he admitted guilt, “he could have beaten it with a good lawyer.” Chaplain Reports on Prisoner’s Opinions of Naval Justice. 5 January 1947, at 15.
Salem News has an article about “SEALs pulled from Iraq.” The article is a lengthy one. From the article here is why there is at least one pending (possible) appellate case.
Scandal on Plum Island: A Commander Becomes the Accused
By Marian E. Lindberg
East End Press, 416 pages
Think of Plum Island, and what probably comes to mind are natural habitats, a lighthouse and remoteness, all of which were highlighted in a recent report on the island’s potential.
Most people probably wouldn’t think of military intrigue, courtroom drama and sexual politics.
Court-Martial Trial Practice Blog