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It appears we are hard-wired to believe stories.  So actually requiring us to believe isn’t that hard–except it seems in sexual assault cases.  Everyone is aware that the military requires any sexual assault complainant to be believed. A cynic will say, that this is required despite evidence showing falsity in the complaint.  A cynic could argue that there are orders not to investigate properly for fear of “victim-blaming.”  There arevalid reasons why a sexual assault complaint should be handled properly and a complainant given appropriate care. But that does not mean an inadequate investigation should result, that a story should not be validated and that a false report not be challenged.

Maria Konnikova has an interesting piece in The New Yorker, from when part of my title comes from: How Stories Deceive,  The NewYorker, 29 December 2015.  On the surface the victims she presents gave a plausible story which the media and others grabbed on to.

“The media frenzy began right on cue. It was such an odd case, and everyone had a theory.”

The news today is of President Obama’s 18 December 2015 pardons and clemency actions.

Of the many, a quick look does not show any from court-martial convicted applicants.

Pardon Attorney.

Here is the petition for a writ of certiorari to the United States Supreme Court in:

Schloff v. United States.

The CAAF opinion is here.

NBC reports that SGT B. Bergdahl is the subject of the second Season, and the first pod is available today.

http://www.nbcnews.com/storyline/bowe-bergdahl-released/serial-season-2-debuts-bowe-bergdahl-telling-desertion-story-n477596

The popular podcast “Serial” launched its second season Thursday, shining a spotlight on the mysterious disappearance of U.S. Army Sgt. Bowe Berghdahl — and allowing him to be heard publicly for the first time since he was freed by the Taliban in May 2014.

It’s called a pen or keys on a computer keyboard–use one or two, or three, or . . . .

Senators demand transparency in US military justice system

These words are great.  They should be acted upon.  Senators ACT.  Can you perhaps put something in the next NDAA or get some sort of exception to FOIA?

Stars & Stripes reports:

If I were Petraeus’s lawyer or your lawyer and got a similar result I’d be ecstatic, as would you be.

But the other part of me asks what I should tell you the young enlisted client, the NCO, the junior officer, the senior officer, in a similar situation.  I fear you will not be so lucky.  I’m not talking about the adultery here–that’s subject to the rule of de minimis non curat lex in my mind.  But the mishandling of classified material for personal use?

Today, 5 November 2015, the Court of Appeals for the Armed Forces granted our petition in United States v. Pinkela, reversed the findings for aggravated assault and reckless endangerment, and affirmed a lesser included offense of assault and battery.

United States v. Pinkela, ACCA — I.

U.S.C.A.A.F. — I.  This was a summary disposition with a remand to consider the case in light of United States v. Guitierrez.

http://globalmjreform.blogspot.com/2015/11/in-good-to-see-category.html

The government filed its answer in Bergdahl v. Burke at CAAF today.

You may note on page 1,before getting to the merits.

• It misidentifies the parties/

Click to access Bergdahl-NBC-News-Amicus-Brief.pdf

See more of the litigation at https://www.court-martial.com/bergdahl-appellate-litigation.html