Articles Posted in article 32

Fort Gillem shooting update 4
Philip D. Cave

Atlanta Journal Constitution reports that: Military officials have charged Staff Sgt. Rashad Valmont with murder in the fatal shooting of Master Sgt. Pedro Mercado at Fort Gillem, U.S. Army spokeswoman Maj. Lenora Hutchinson told the AJC on Tuesday. The report then goes on to say that: The charge of premeditated murder was recommended Tuesday by…

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LTC Lakin update on WorldNetDaily
Philip D. Cave

WorldNetDaily has commented on the recent memorandum issued by the Article 32, UCMJ, IO in LTC Lakin’s case. But Lakin said the result “makes it impossible for me to have a fair hearing.” “I cannot even raise the issue of the president’s eligibility, on the grounds that my position has ‘no basis in law,’” he…

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LTC Lakin update
Philip D. Cave

Thanks to safeguardourconstitution.com we have the Article 32, UCMJ, IO’s written ruling on several matters in LTC Lakin’s case. Note, “the Army” did not refuse the defense requests. The IO did, acting in his role assigned under Article 32, UCMJ, and R.C.M. 405. This is what I would have expected MAJ Kemkes, the military defense…

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Breaking on Hasan
Philip D. Cave

MySA news reports that: Defense attorneys for Maj. Nidal Malik Hasan, a Fort Hood psychiatrist charged with killing 13 people and wounding 32 others in a mass shooting here last fall, won a four-month delay Tuesday in an evidentiary hearing that could lead to his court-martial. Sitting in the same courtroom where he oversaw proceedings…

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June MilJus calendar
Philip D. Cave

1 June 2010: the Article 32, UCMJ, hearing ICO MAJ Nidal Malik Hasan is set to begin at Fort Hood. MAJ Hasan is in pretrial confinement therefore the Article 10, UCMJ, speedy trial clock applies. On 26 May 2010, Mr. Galligan, MAJ Hasan’s civilian counsel posted this on his blog. Today is the deadline, imposed…

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Hasan update
Philip D. Cave

The LA Times has interesting piece which essentially posits that both the defense and Congress are being stonewalled in production of relevant information. Usually it’s only the defense. But even before the gavel comes down, two legal battles are underway to try to force the Army and the Department of Justice to turn over documents…

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LTC Lakin’s contumacy
Philip D. Cave

safeguardourconstitution reports that: “Obama Administration unleashes Army lawyers instead of releasing birth certificate.” This is shameful hyperbole and utterly incorrect. LTC Lakin is alleged to have committed offenses in violation of the UCMJ. The conduct alleged cuts to the very heart of military requirements of obedience to orders, fidelity to the oath of office, and…

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Hasan update 9
Philip D. Cave

KVUE.com reports that: The attorney representing the accused gunman in the 2009 Fort Hood shootings says the Army is holding back important evidence in the upcoming Article 32 hearing. Attorney John Galligan says he needs court documents, including Major Nidal Hasan’s FBI files, to gain more insight into his mental state in the months leading…

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Humor in uniform lawyering
Philip D. Cave

LTC Lakin has made his CNN appearance. His supporters are not happy, as this piece at World News Daily indicates. I found a humorous note in the article. The writer points out a typo in the charge sheet. “in support of Operation Enduring Freedom with the 32nd Calvary (sic) Regiment, 101st Airborne” The writer correctly…

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