Articles Posted in court-martial

Up periscope
Philip D. Cave

Huffington Post has a piece about MEJA. In the perpetual debate over legal accountability of, and prosecution if necessary, of private military and security contractors one often sees the arguments reduced to two simplistic arguments. PMSC opponents argue the contractors argue in a legal vacuum and with utter impunity. This is, of course, as anyone…

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LTC Lakin 6
Philip D. Cave

TPMMuckracker his this update, on the alleged “threats” from LTC Brodsky. Late Update: Margaret Hemenway of the American Patriot Foundation told TPM that the account of Brodsky’s comment and Lakin’s response came from Lakin himself. “It’s bizarre,” she added of Brodsky’s “threat,” and “looks very bad.” Hemenway continued that they’re “going to have to wait…

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LTC Lakin
Philip D. Cave

Note to file. Don’t spend time gossiping with Dwight while burglars are having their way in your house. It’s not helpful or conducive to a good day and it interferes with blogging. Second note to file: send thank you to ADT (a la USAA) for an efficient alarm system, and note of thanks and donation…

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Reporting of civil convictions, etc.
Philip D. Cave

Navy Times reports: Big Navy is trying to work around a recent military court decision striking down a fleet-wide rule forcing sailors to report any drunken-driving or other civilian arrests to their command. Navy Secretary Ray Mabus revised a high-level Navy regulation July 20 in response to the case of a chief who claimed the…

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GPS technology
Philip D. Cave

I’m aware of one case in the military where the NCIS used GPS tracking (after getting a warrant). Fourthamendment.com recommends: The D.C. Circuit held on Friday that a warrant is needed for prolonged GPS surveillance, recognizing People v. Weaver from New York and limitingKnotts. [This is a highly important decision. Every criminal and constitutional lawyer…

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ACCA and military judge partiality
Philip D. Cave

On 28 July 2010, ACCA issued a memorandum opinion and decision for the government appeal in United States v. Kirk, ARMY MISC 20100443 (A. Ct. Crim. App. 28 July 2010). At trial the accused blew providency on an AWOL plea. The prosecution decided they wanted to go forward on the desertion. As part of the…

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