Harris involves a prosecutorial misconduct/UCI issue where Navy JAG LT Chen allegedly exerted pressure on local law enforcement to silence an exculpatory witness in Harris' case. LT Chen's alleged misconduct led to a formal ethics complaint being filed at the Office of the Judge Advocate General, Code 13, which was then headed by Captain Easy E. Geiser. As I recall, Captain Geiser found that LT Chen had not engaged in ethical misconduct.
Not surprisingly, when Harris was issued, the [author] judge, now Judge Geiser, agreed with himself that there had been no previous misconduct.
On Monday, CAAF granted review of this issue in Harris:
WHETHER A JUDGE ON THE NAVY-MARINE CORPS COURT OF CRIMINAL APPEALS SHOULD HAVE BEEN RECUSED FROM ACTING ON A CASE IN WHICH HE HAD PREVIOUS OFFICIAL INVOLVEMENT AND KNOWLEDGE OF SALIENT FACTS OUTSIDE THE RECORD OF TRIAL.
United States v. Harris, __ M.J. ___, No. 07-0385/NA (C.A.A.F. Dec. 31, 2007) (summary disposition). CAAF then remanded the case to NMCCA for reconsideration of the issue, with the benefit of the relevant file from the Administrative Law Division, by a panel that doesn't include any of the judges from the original panel.