Friday, June 08, 2007

Celebrity Sighting: Robert Reed Part II

It was a very Brady day at the ABA Section of Public Contract Law: Battle Space and Contingency Procurements Committee meeting today. Celebrity presenter Robert Reed, who much like Guert keeps rising from the dead, made another excellent presentation on expanded Art. 2, UCMJ jurisdiction. He answered questions with great candor and revealed DoD's current options for the future scope of commanders' expanded Art. 2, UCMJ authority. According to multiple sources, DoD General Counsel is now considering the Joint Service Committee's recommendations, which were presented to DoD General Counsel last month, for limiting commander discretion under expanded Art. 2, UCMJ jurisdiction.

Once I get clearance to publish Mr. Reed's comments, I'll add more substantive thoughts.

However, these sources estimate a rough release date for any withholding of authority based on current MCM procedures as some time in Fall 2007. Stay tuned.


John O'Connor said...

Did Robert Reed have his friend Don Drysdale show up (also from the dead) and tell Greg that he could be a big league pitcher someday?

Gene Fidell said...

As Bob Reed's comments at the CAAF Judicial Conference usefully demonstrated, there's a lot to think about in connection with Sen. Graham's amendment. Once DoD settles on a proposed course of action, will there be a public Joint Service Committee meeting on it? Will affected interests such as government contractors, labor organizations, journalists, bar/civil liberties organizations be afforded an opportunity to file comments?

No Man said...

From what I can tell, no, there will not be any adidtional opportunity to comment on DoD's "withholding" memo. There will defintiely be a chance to comment on potential Manual changes based on expanded Art. 2, through the normal JSC process, but Reed and others have not said they will have any public comment or discussion on their "withholding of authority" under RCM 306(a) and/or 401(a). Is it really surprising to anyone that this DoD is going to act nearly unilaterally (at least with input from commanders through the JSC)?

I talked to a member of the JSC before they made their recommendation to Reed and DoD General Counsel. They were open to public suggestions concerning the scope of expanded Art. 2. The member even said JSC would pass suggestions on to DoD General Counsel if they were cogent and worthwhile. But, I do not believe that any public notice was ever disseminated and I think JSC has already completed their input.

No Man said...

I feel like a 10 year who just got Cal Ripken's autograph. Ok, for ten year olds in Baltimore today I guess the equivalent would be . . . when Boston comes to town and you get Big Papi's autograph. Miguel Tejada isn't Cal Ripken (or Mark Belanger, in terms of home town relations). Anyway, I spoke with the man himself this a.m., he actually takes calls from potential bloggers. He gave the green light. I'll post something tonight.