Articles Posted in UCMJ

And now for the political question doctrine. See fn. 3., for the judge’s rather sparse treatment of the de facto officer doctrine.

And now for some history. Those with some basic familiarity with military law and who have been following the blogs of those with military law experience will recognize the cases cited.

From the conclusions of law:

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…

Here is a link to the 3 September 2010 Federal Register for the recent MCM amendments signed by The President. And the humor you say – – – – Hat tip to Native and Natural Born Citizenship Explored blog (a not a birther blog).

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.

NMCCA has released a number of decisions. Several have providency issues and issues not raised by appellate counsel. United States v. Messias. The court set-aside a finding of guilty to because of an inadequate providence inquiry. No sentence relief granted. While the providence inquiry establishes facts sufficient to demonstrate that the appellant drove on base…

Here is a link to the Executive Order signed 31 August 2010 with amendments to the Manual for Courts-Martial.

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…

AP is reporting that the Khadr detainee trial will begin again 18 October. Here is an interesting Washington Post opinion piece about some contractors in Iraq. THE ALLEGATIONS are sadly familiar by now: The men were picked up by U.S. military forces, locked in tiny cells, deprived of sleep, and subjected to extreme temperatures and…