Thursday, November 13, 2008

BREAKING NEWS: SG files reply in Denedo

Here's a link to the SG's reply brief in United States v. Denedo, No. 08-267.


Anonymous said...

I guess we know where the SG comes down on the Ansell-Crowder debates:

"Without this Court’s intervention, the decision below
will lead to a further diversion of resources that will degrade the ability of the military justice system to perform its intended function as the arbiter of discipline within the armed forces."

Dew_Process said...

Are the Supreme's going to reverse Gusik & Noyd? It would also call into question the seminal case of U.S. v. Morgan, 346 U.S. 502(1954).

Goldsmith is not applicable to Denedo's underlying claim - the Government is breaching his plea deal by now trying to deport him, something his PTA was specifically tailored to preclude.

John O'Connor said...

Did the United States actually promise in the PTA not to deport Denedo? If that were so, I imagine he would have a heck of a claim to press in either an Article III court or in deportation proceedings.

Anonymous said...

There is NO way the government agreed to a non-lodgment clause. THey couldn't.