I have mentioned several times that I always look for MySpace, Facebook, and other social network accounts held by witnesses at a court-martial trial I have. In a number of instances I have found information, photographs, or leads to other information that has been useful for cross-examination at the court-martial. Google and other social network…
Continue reading ›Court-Martial Trial Practice
Online Newshour reports: And it doesn’t have to be all 12 members voting him guilty. Two-thirds to convict is enough. And it does have to be unanimous to give him the death penalty. In a death penalty case the members have to be unanimous on a finding of guilty. The unanimity requirement different than for…
Continue reading ›How the Military Will Try Nidal Hasan This reminds me of A Few Good Men. Remember, in the Navy court-room the Army JAG symbol is on the podium. Well here they have a picture of courtroom A at Marine Camp Foster, Okinawa, Japan. We know the picture’s about a year old because the major pictured…
Continue reading ›There is a great deal of pontificating on both sides of the aisle about Major Hasan, Fort Hood, and intelligence failures. Here is a rational discussion and perspective. In last week’s global security and intelligence report, we discussed the recent call by the leader of al Qaeda in the Arabian Peninsula, Nasir al-Wahayshi, for jihadists…
Continue reading ›ACCA has decided United States v. Kloch. The accused wanted to tell the military judge in his unsworn that several of his co-accused’s had received 15 days confinement at summary court-martial, etc. The MJ would not allow the statement. ACCA found error, but that it was non-prejudicial.
Continue reading ›An official news release from Fort Hood PAO states that: The charges filed against Hasan include 13 specifications of premeditated murder, in violation of Article 118, Uniform Code of Military Justice, (emphasis added). hat-tip to CAAFLog. The media has been speculating all afternoon based on a CID news conference. I would not imagine CID to…
Continue reading ›Here’s the question, I think. Military.com, as with many other media outlets are reporting: Nidal Malik Hasan’s overly zealous religious views and strange behavior worried the doctors overseeing his medical training, but they saw no evidence that he was violent or a threat. The question, a legitimate question, has been raised about Major Hasan’s mental…
Continue reading ›Thanks to SCOTUSBlog here is a link to a new Supreme Court research tool. The Supreme Court Database. The Supreme Court Database is the definitive source for researchers, students, journalists, and citizens interested in the U.S. Supreme Court. The Database contains over two hundred pieces of information about each case decided by the Court between…
Continue reading ›The CGCCA has issued a decision in the court-martial: United States v. Montuoro. A short sweet reminder of sentence comparison issues when there are co-accused’s. Sentence comparison among co-accused’s is a different issue than sentence appropriateness.
Continue reading ›Yes, of course John Galligan is getting that question. We get it all the time. How could you represent so-and-so at court-martial? Here is MichaelTomasky’sBlog. Banner CNN day: Wolf Blitzer apparently really distinguished himself yesterday by asking Nidal Hasan’s military lawyer, retired Colonel John Galligan, how on earth he could do such a thing[?] Many…
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