Thursday, January 08, 2009
United States v. Kuemmerle, __ M.J. ___, No 08-0448/NA (C.A.A.F. Jan. 8, 2009). CAAF splits 4-1 over whether a servicemember can be tried at court-martial for distributing child pornography where he posted a child pornography image online before going on active duty and left it there after he was on active duty, at which point a law enforcement officer accessed it. CAAF said yes, providing a comprehensive definition of "distribution." Judge Stucky in dissent said no.