That’s how Tom Ricks characterizes the recent actions when the Navy relieved the CO, CMC, and transferred the XO of USS JAMES WILLIAMS (DDG 95). No court-martials of the leadership are anticipated. However, as Kate Wiltrout’s article points out, there have been quite a few disciplinary actions. The number of enlisted khaki involved seems quite…
Continue reading ›Briscoe v. Virginia, a post Crawford and Melendez-Diaz case is scheduled to be argued at the U. S. Supreme Court on 11 January 2010. Professor Friedman will argue for petitioner Briscoe. Professor Friedman notes that, “I have just served and filed the reply in Briscoe. You can read it by clicking here.” All of the…
Continue reading ›Maj. Nidal Malik Hasan’s defense attorney skirmished with Army commanders Wednesday over the timing of a sanity examination for the Fort Hood gunman, saying that his client is still too medically impaired to participate. So begins a piece in the Dallas News. What’s the flaw. There is no judge that attorney Galligan can go to…
Continue reading ›United States v. Story. Here the issue is two-fold: what is the response when the members want to call a witness, and what is permissible on appeal to demonstrate prejudice. ACCA found error in the military judge denying the members an opportunity to call a witness. On appeal, ACCA found that documents submitted by appellate…
Continue reading ›The Navy’s rule forcing sailors to “promptly” tell their commanding officers if they have been arrested for an off-base drunken-driving violation is unconstitutional, the Navy and Marine Corps’s highest military judges have ruled. And so begins a Navy Times article on United States v. Serianne. I have posted before about the new DoD regulation that…
Continue reading ›Here are a couple of interesting items exploring the mental health issues potentially involved with Major Nidal Malik Hasan’s shooting rampage at Fort Hood – conclusion, he’s sane. Howard Bloom asks, What if Nidal Malik Hasan is Sane? Psychology Today blog. Were they the insane acts of a man driven over the edge by the…
Continue reading ›No, this isn’t an advert for the Edinburgh Military Tattoo, or any other. It’s a reminder that Air Force Instruction 36-2903, Dress and Personal Appearance, states “Excessive tattoos and brands will not be exposed or visible while in uniform.” Excessive is defined as any tattoo/brands exceeding one-quarter of the exposed body part and those above…
Continue reading ›No pay due, not needed. Army Times reports that a captain stationed at Fort Lewis has plead guilty to stealing about $690,000.00 while in Iraq. No court-martial.
Continue reading ›I have posted in connection with some comments about Major Hasan and his desire to have patients prosecuted at court-martial for war crimes and other offenses while deployed to Iraq. Major Hasan’s war crimes trial requests, 17 November 2009. The issue has gained new attention with the recent mass shootings at Fort Hood that killed…
Continue reading ›A number of articles are circulating and the blogosphere is discussing the obligations of Major Hasan’s counsel to do anything and everything to avoid the death penalty as a sentence at his court-martial. Here is an interesting item, not that it’s going to be relevant to the Fort Hood case involving Major Hasan, but as…
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