I posted a tease here, and it didn’t take long for Dwight “My Liege” Sullivan to crack the code. In other words, Judge Lind used the word “embarrassment” in precisely the political question doctrine context (and using almost exactly the same words) as CAAF in New and the Supremes in Baker v. Carr. And all…
Continue reading ›Some reporting of last weeks Article 39(a), UCMJ, hearing appears to attribute the military judge’s ruling to a desire to save the president embarrassment. I believe this is a gross distortion of a small part of what the military judge said. I was there and heard her read her findings and conclusions which were then…
Continue reading ›San Diego online reports: Three San Diego Coast Guard boat crew members will face the military version of a preliminary hearing beginning Tuesday for the Dec. 20 crash that killed an 8-year-old Rancho Peñasquitos boy. The top charge, involuntary manslaughter, is against Ramos. Howell and Rasmussen are charged with negligent homicide. Coast Guard officials have…
Continue reading ›Found at birtherreport.com. LTC Lakin and Mr. Jensen will be on the Barry Farber radio tonight at 2000. Apparently the “embarrsassment” language was intended by the judge to alert Congress that they need to begin impeachment proceedings. Note, it is Article 46, UCMJ, 10 U.S. Code 846.
Continue reading ›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 way to explain a complete…
Continue reading ›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 the military judge did politely…
Continue reading ›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 granted. There is no comment…
Continue reading ›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, 2010 at Fort McPherson, Ga.…
Continue reading ›Two items relevant to the internet, privacy, and the Fourth Amendment. Orwell would be . . . Orin S. Kerr, Applying the Fourth Amendment to the Internet: A General Approach, 62(4) STANFORD L. REV. 1005 (2010). This Article proposes a general approach to applying the Fourth Amendment to the Internet. It assumes that courts will…
Continue reading ›ACCA has released an unpublished opinion in United States v. Delagarza. It’s an odd case. A military judge sitting as a general court-martial convicted appellant, pursuant to his pleas, of violating a general order, false official statement, and two specifications of larceny (from his fellow soldiers), in violation of Articles 92, 107, and 121, Uniform…
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