Military.com reports:
A US special forces member suspected of having accidentally killed a British aid worker held hostage in Afghanistan could face disciplinary action, officials said Thursday.
Reuters reports that:
the log (California’s Boating & Fishing News) reports:
The Coast Guard has ordered three petty officers to stand trial in a San Diego Bay crash that killed an 8-year-old boy during a holiday boat parade, an official said Oct. 6.
Rear Adm. Joseph R. Castillo, commander of the 11th Coast Guard District, ordered the general court-martial after reviewing a report by the investigating officer, Coast Guard Lt. Cmdr. Rick Foster said. That report concluded there was no legal justification for the Dec. 20, 2009, crash, the Los Angeles Times has reported.
I happened to have business at MDW today so I stopped by to take LTC Lakin’s pulse for his upcoming court-martial and watch today’s Article 39(a), UCMJ, session.
The writ was denied today. A straight line standard denial [thanks to CAAFLog for a copy].
1. Mr. Jensen was excused from further participation in the case at the specific affirmative consent of LTC Lakin, because he’d been “discharged.” See R.C.M. 506(c).
curiouser and curiouser, the Houston Chronicle reports:
Army Col. James Pohl he told the defense it could put its arguments for the continuance into writing rather than air them in court. Defense attorneys did not want to explain their reasons publicly.
"I believe that would protect your client’s interest," Pohl said, adding that he would "give you that option rather than discuss it in open court."
safeguardourconstitution has this item:
Next court event:
Wednesday, October 13
at Ft McNair- 12:00 pmWednesday’s court appearance will address LTC Lakin’s change of counsel and should be only a brief session. Fort McNair is located at 4th and P streets, SW, near the Waterfront/Marina. Some landmarks are the Waterfront Metro, the EPA building at Waterside Mall, Arena Stage. Use the P Street Entrance to enter the installation.
Mercury News reports:
A military hearing to determine whether an Army psychiatrist should go to trial for a deadly shooting rampage at Fort Hood was abruptly adjourned Tuesday when defense attorneys asked for a nearly month long delay.
Today the court will hear oral argument in Premo v. Moore, a case with potential ramifications for court-martials. Courtesy of SCOTUSBlog here is a summary:
The Sixth Amendment secures a criminal defendant’s right to effective assistance of counsel. Under Strickland v. Washington (1984), that right is violated when a lawyer’s performance falls below an objective standard of reasonableness, resulting in prejudice to the defendant. Counsel’s representation is prejudicial when there is a reasonable probability that, but for the lawyer’s deficiencies, the proceeding would have ended differently. Some defendants accept a plea bargain and then argue that their counsel was ineffective; in those cases, Hill v. Lockhart (1985) instructs a court to ask whether there is a reasonable probability that the defendant would have gone to trial had his counsel been constitutionally adequate. When the Court hears argument tomorrow in Premo v. Moore (09-658), it will attempt to clarify how Strickland and Hill apply to plea deals that are made after counsel fails to suppress an unconstitutionally obtained confession.
For those who want to go right to the papers here is the SCOTUSBlog page.
Lots of political rhetoric, name calling, and pithy evaluations continue about this court-martial case. But putting the chaff aside there have been and can be a number of teachable moments.
It is unclear what role if any APF will continue to have in this case. The website and a recent email indicate a role limited to publicity for LTC Lakin, his case, and the birther issue. See APF still ‘in the fight’ and apparently LTC Lakin intending to stay the course, and compare with the current site. The United States Patriots Union is now apparently in the game with their four ‘White Papers’. I am labelling them the nativists. While APF has a focus on the birth certificate, the USPU argues the APF position is too narrow and has a focus on the natural born aspect of presidential eligibility as well. Neither theory is helpful to LTC Lakin. Neither theory was helpful before he disobeyed orders and neither is relevant now. Neither theory will ever be relevant to a defense against the current charges. LTC Lakin is in a bind.
I would suspect that the new defense team will bilge the birther/nativist theory. So the question becomes what might be their strategy or approach. I would imagine efforts to avoid or remove this case from trial might be one. Thinking outside the box (or outside the schoolroom solution) is vital. But despite the thinking, can it be done, can a viable defense be fashioned for LTC Lakin.
Huffington Post has this piece about PMC’s and the UCMJ.
It is common to complain that the while the use of private military contractors (PMC) has grown rapidly in the past decade, the legal apparatus to hold them accountable has failed to keep pace. But that is not as true as it once was. In fact, there are at least four distinct sources of criminal law that can hold contractors accountable for their actions: (1) international law, (2) host-nation law, (3) U.S. civilian law, and (4) U.S. military law. Of course, all of these have their own limitations and problems, such as jurisdiction and applicability.
But military law, at least for the U.S., the world’s biggest consumer of PMC services, military law shows increased promise.
In a court-martial under the court-martial UCMJ setting, can a PTA bind the prosecution/convening authority to something he or she has no control over — generally the conditions of confinement. There’s a teachable moment here for the court-martial practitioner.
Air Force Times reports:
The attorney for a former al-Qaida cook said Monday that the government did not deliver on a promise that led him to plead guilty to supporting terrorism, and she said that could discourage other inmates at Guantanamo from reaching deals with prosecutors.
Court-Martial Trial Practice Blog
