Military.com reports that:
A four-star general will testify at a pretrial hearing in the biggest criminal case against U.S. troops to arise from the Iraq war, a Marine Corps spokesman said Thursday.
Gen. James Mattis is scheduled to address a military judge Monday on a defense motion to dismiss charges against Staff Sgt. Frank Wuterich on grounds of undue command influence, said the spokesman, Lt. Col. David Griesmer.
WOAI.com reports:
Hasan’s lawyer claims the U.S. Army is withholding key information he needs to defend Hasan.
Attorney John Galligan said he has been waiting months for classified material needed to help his client. He said he has been given limited access to criminal investigation files.
United States v. Clayton. Another special exception, in of course, a CP case.
The dissent says it all.
RYAN, J., with whom ERDMANN, J., joins (dissenting):
ACCA has issued an opinion in United States v. Watson, another administrative discharge issued pending appeal, this time an officer.
A military judge sitting as a general court-martial convicted appellant,
pursuant to her pleas, of larceny of government property and fraud against the
United States (two specifications), in violation of Articles 121 and 132, Uniform
Code of Military Justice, 10 U.S.C. §§ 921 and 932 [hereinafter UCMJ]. The
military judge sentenced appellant to a dismissal, confinement for seven months, a
fine of $135,000, and forfeiture of all pay and allowances.Prior to convening authority action, appellant, a reserve officer, was released
from active duty (REFRAD). While pending appellate review, appellant received
orders placing her in an inactive status. After convening authority action approving
her dismissal, she received discharge orders and an honorable discharge certificate.
Fay Observer reports that:
U.S. District Judge Terrence Boyle on Wednesday dismissed an effort by Army Master Sgt. Timothy Bailey Hennis to stop his court-martial for a 1985 triple homicide near Fort Bragg.
A jury has been seated in the court-martial. Opening statements and testimony are scheduled to begin today.
The FayObserver.com is reporting that a members panel has been selected and that trial on the merits will begin Wednesday, 17 March 2009.
Kate Wiltrout in the Virginia Pilot reports that the military judge has directed five defense witnesses be given immunity or the proceedings will be abated.
The case against a Navy SEAL accused of not protecting an alleged Iraqi terrorist took a major turn Friday when a military judge ordered that five key defense witnesses be granted immunity to testify on his behalf. If not, he warned, the case will be halted.
Here is an interesting comment on CAAFLogs post on this case.
Daily Caller reports that:
Following a two-week absence, the Fort Hood attorney was back at it Friday despite a gag order, blogging on the perceived injustices suffered by his defense team in defending Major Nidal Hasan, the man charged in the shooting deaths of 13 people.
As previously reported by The Daily Caller, John P. Galligan, Hasan’s civilian defense attorney, made waves in the legal community when he launched the high-profile blog to highlight his obstacles in defending the case. The blog was silent for nearly two weeks after the initial controversy erupted, but he’s back, saying: “My blog will continue to highlight how my client is being unfairly treated.”
FayObserver reports that:
A 12th juror was seated in the court-martial of Army Master Sgt. Timothy B. Hennis at Fort Bragg this morning, but the total was quickly knocked back to 10.
Attorneys on both sides exercised their right to peremptorily challenge one juror each.
The prosecution of SPC Ivette Davila, at Fort Lewis, will generate some interest; hers will be the first death penalty prosecution of a woman under the UCMJ.
Checking – has a woman ever been executed as a result of a court-martial in the United States? The answer is no under the UCMJ. The two most famous death penalty cases involving women were Kinsella v. Singleton, 361 U.S. 234 (1960), and Reid v. Covert, 354 U.S. 1 (1957). (These cases stood, until the recent change to Article 2, UCMJ, for the proposition that there was no court-martial jurisdiction over civilians except under limited circumstances. The constitutionality of the recent changes to Article 2, UCMJ, extending jurisdiction over civilians is yet to be tested.)
Noted authority on the UCMJ Frederick Bernays Wiener represented Mrs. Kinsella.
Court-Martial Trial Practice Blog