More later, but:

In response to Orders issued by this court, the respondents produced the required transcripts, relevant exhibits, and a sealed memorandum prepared by the military judge recounting an ex parte hearing he conducted with defense counsel on the severance issue. Having reviewed the record and pleadings of the parties, we find that the military judge’s detailed, complete findings of fact are well-supported and not clearly erroneous. Having completed our review, we conclude that the sealed memorandum should remain sealed, and that the military judge did not abuse his discretion in severing the attorney-client relationship.

Here is a North County Times report:

The American Civil Liberties Union has filed a lawsuit against the Naval Criminal Investigative Service, its agents, Camp Pendleton military police and a San Diego Marine staff judge advocate on behalf of a North County woman who alleges they violated her constitutional rights with intimidation and harassment. “NCIS retaliated against Ms. Martin because she is a zealous, effective defense investigator. Special Agent Martin and his colleagues seized Ms. Martin for hours without justification, pounded on her front door near dawn one morning to falsely “charge” her with a federal felony … spied on her at her home and traumatized her in other ways,” the civil complaint said. A staff judge advocate is a legal adviser to base officials. Before Sullivan took the job at Marine Corps Recruit Depot, he prosecuted multiple cases arising from the alleged incidents at Haditha, Iraq. He is still involved in that case.

This would be one of the prosecutors in the Wuterich case.

A major Iraqi war crimes case that has dragged on for five years hit another snag Monday when a military judge excused one of the attorneys for a Marine sergeant whose squad was charged with killing 24 Iraqis. The move by military judge Lt. Col. David M. Jones came only weeks before the trial is set to begin on Nov. 2. Jones granted the request by the civilian attorney, retired Marine Lt. Col. Colby Vokey, who asked to be withdrawn because of an undisclosed ethical conflict. . . . Wuterich’s attorneys have filed a motion that seeks to have the case dismissed, arguing the defense has been compromised by the withdrawal of Vokey, the only defense attorney to go to Iraq to see the scene of the 2005 killings in the Iraqi village of Haditha.

[T]he trial for Staff Sgt. Frank Wuterich was delayed until Nov. 1 because a key prosecution witness, a Naval Criminal Investigative Service agent, had a bad accident and is recovering from surgery.

Air Force Times reports:

The Minnesota National Guard says one of the top leaders of the Duluth-based 148th Fighter Wing has been sacked. The Guard issued a statement Friday saying Col. John H. Spencer Jr. was relieved as vice wing commander Wednesday after an investigation substantiated allegations of “an unprofessional relationship.”

WRBCtv.com reports:

The commander of a Tennessee Army National Guard unit is facing a court-martial in Iraq on charges of misconduct, misusing funds and fraternizing with subordinates.

Coastal Courier reports:

Twelve soldiers were investigated for allegedly stealing military equipment from Fort Stewart. Some of the soldiers have been charged and are awaiting trial and one was court-martialed late last year.

A military prosecutor says she may pursue charges against several Australian troops in a raid in Afghanistan last year in which five children died. Brig. Lyn McDade, the director of military prosecutions, says she is considering the unprecedented step of charging several Defense Force commandos, a move that has infuriated senior officers, The Sydney Morning Herald reported Thursday.

The point being that issues such as Wuterich, trial now underway, and the Ramrod Five (or possibly a total of 18) are not confined to the U.S.

Nearly five years after 24 Iraqi men, women and children were slain by a Camp Pendleton squad as it searched for a roadside bomber, the last man to face criminal charges from the incident is about to go on trial. Wuterich’s trial —- which is scheduled to start Sept. 13 and last up to three weeks[.]

The officer refusing Army orders until Barack Obama documents his eligibility to be president and commander in chief is hitting the airwaves tomorrow to answer questions about his challenge to the president. Lt. Col. Terry Lakin is scheduled to be on the G. Gordon Liddy show tomorrow from 10-11 a.m. EDT.

As a conspiracy theorist I think this is a plot all intended to create a Wuterich issue thereby delaying any action while litigation is ongoing about out-takes. I did check, and there is no definition in the DSM IV for guano loco (but a change in the soon to be released DSM V may be expected perhaps). [n.1]

“Rather than contesting the suit,” Day wrote, “the Army took the highly peculiar step of revoking the major’s deployment order, suggesting that the Pentagon generals are not entirely confident that they can demonstrate the legitimacy of their purported commander in chief. “The Pentagon’s decision to back down rather than risk exposing Obama’s birth records to the public means that every single American soldier, sailor, pilot and Marine now holds a ‘get out of war free’ card.”

The major – referring to the abortive case of Major Cook — was on voluntary orders. He could have just as voluntarily asked to revoke them at any time up until the day before going. He chose to express his request to revoke the voluntary orders through litigation. So why not just revoke the orders. That’s not backing down.

A spokeswoman for the case, Margaret Calhoun Hemenway, told WND that whatever the “assignment” amounts to, Lakin’s access privileges were revoked, his computer was confiscated and he “is not permitted to support his Hippocratic oath … and take care of the troops as a doctor and a surgeon.”

This is standard procedure for anyone who is placed in a disciplinary status and won’t be working in the Pentagon anymore. Then of course, if it was a government computer the government is entitled to take it back. It’s organizational property, has to be accounted for, and LTC Lakin doesn’t need it anymore. There’s nothing sinister about that. He had the opportunity to practice his Hyppocratic oath, and along with his oath as a commissioned officer. He’s given both up.

n.1. The Urban Dictionary defines guano loco variously:

Crazy, in fact probably totally insane. Acting in the manner of Tom Cruise jumping on Oprah’s sofa or Joaquin Phoenix on the Letterman show. Hearing voices and imagining things that haven’t happened or people saying things that they haven’t. Possibly caused by some recent trauma, however more than likely always present just brought to the surface in times of high emotion.

This remarkable local story out of Montana, which is headlined “Man blames PTSD for child pornography downloads,” reports on another notable sentence break given to a notable child porn offense. Here are the details, which spotlight many of the hottest issues in current federal sentencing debates:

An Iraq war veteran in Helena, who claimed that post-traumatic stress disorder contributed to his viewing child pornography, was sentenced Tuesday to two years in federal prison, to be followed by 10 years of supervised probation.

And here’s another one reported by Army Times.

A former Army Ranger who says he robbed two pharmacies looking for painkillers to cope with post-traumatic stress disorder will avoid any additional time behind bars.

Gazette.com reports that:

A nursing supervisor at the Air Force Academy’s cadet clinic is set to face court martial in June on allegations that she kept a dose of a narcotic painkiller for her own use.

Capital Flyer reports that:

Last week, a serious message was sent to all Airmen at Andrews that illegal drug use in the Air Force is simply not tolerated and will be punished.

Deseret News reports that”:

Seven Hill Air Force Base airmen have been discharged for the use of spice, an incense that has effects similar to marijuana. Eleven other cases of spice use are being processed at the base.

Army Times reports that:

A soldier from Fort Hood, Texas, who refused deployment to Afghanistan has been released from the stockade at this base near Tacoma. After a two-day court martial last August, Sgt. David Travis Bishop was found guilty of four counts, including going absent without leave and disobeying a lawful order. He was sentenced to a year’s confinement and told he would receive a bad-conduct discharge from the Army.

Washington Post has a an article, “A look at Marines who were charged in three high-profile cases involving killings of Iraqis[.]”

A number of outlets are reporting the changes in the enforcement of don’t ask, don’t tell. Here is the Washington Post.

Defense Secretary Robert M. Gates said the military will restrict the kind of evidence that can be used against gay service members. For example, investigators will generally ignore anonymous complaints and make those who file them give statements under oath. In addition, only high-ranking officers — the equivalent of a one-star general or admiral — will have the authority to open inquiries or to decide whether a discharge is warranted.

Is there anyone who doesn’t know that Wuterich continues to trial, MJ David Jones denied the defense motion to dismiss for UCI.

Edwards AFB PAO reports:

An Airman from the 95th Security Forces Squadron was sentenced to a bad conduct discharge and 30 days confinement during a special court martial here March 11.and the mission because other members must perform the duties of the absentee. During his time here, he received a letter of counseling, a letter of reprimand, and two Article 15 actions. It was while serving out the punishment for his second non-judicial punishment that he left his unit. Airman Lopez began his Air Force career at the United States Air Force Academy in 2004. at the end of his third year as a cadet, In the spring of 2007 Airman Lopez voluntarily resigned while on academic probation and under an investigation for cheating.

Navy Times reports:

The commanding officer of a Pearl Harbor-based attack submarine was fired Monday after he was found guilty of “drunkenness” and “conduct unbecoming an officer,” in nonjudicial punishment, a spokesman said Tuesday. It was the seventh CO firing of 2010.

(emphasis added), see e.g. the case of the former CO, USS COWPENS.

Stars & Stripes reports:

A Navy Humvee crashed into the back of a Japanese family’s car and left the scene Tuesday night, slightly injuring two children, according to Okinawa police. The sailor was later arrested by military police. The incident received broad coverage in local media Wednesday, coming at a time when the U.S. military and Japan have locked horns on basing issues on Okinawa.

That the military judge “ruled prosecutors must show beyond a reasonable doubt that unlawful command influence hasn’t tainted the manslaughter case against a Camp Pendleton Marine accused of taking part in the 2005 slayings of 24 Iraqi civilians.” This means the defense was successful so far in showing sufficient evidence to shift the burden to the prosecution to prove no UCI.

Eight Marines were charged in the biggest criminal case against U.S. troops to arise from the Iraq war. Six have had charges dismissed, and one was acquitted. Whether the only remaining and perhaps highest-profile defendant stands trial may hinge on what happens this week in a military courtroom. Lawyers for Staff Sgt. Frank Wuterich will ask a judge to dismiss charges against the former squad leader in a case involving the deaths of 24 Iraqi men, women and children in Hadithah in November 2005, arguing that a general who oversaw the case was improperly influenced by an aide. The defense argues Mattis was improperly influenced by Col. John Ewers, who investigated the killings and later became a top legal adviser to the general. Military policy prohibits Ewers from offering legal advice on Hadithah because he was also an investigator in the case.

North County Times reports:

Gen. James Mattis, one of the most revered generals in the Marine Corps, testified Monday that he was never improperly influenced when making decisions about the prosecutions of troops charged in the slayings of 24 civilians in Haditha, Iraq, in 2005. “I don’t recall a single time that anyone tried to influence me unlawfully,” Mattis testified in a Camp Pendleton courtroom where Haditha defendant Staff Sgt. Frank Wuterich is seeking to have charges against him dismissed.

A four-star general will testify at a pretrial hearing in the biggest criminal case against U.S. troops to arise from the Iraq war, a Marine Corps spokesman said Thursday. Gen. James Mattis is scheduled to address a military judge Monday on a defense motion to dismiss charges against Staff Sgt. Frank Wuterich on grounds of undue command influence, said the spokesman, Lt. Col. David Griesmer. Wuterich is the only remaining and perhaps the highest-profile of eight Marines who were charged in connection with the Haditha case.