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Wednesday, March 25, 2009
Denedo argument transcript
The Denedo argument was fascinating. I hope to write a lengthy post about it tonight. In the meantime, here's something more important: a link to the argument transcript via SCOTUSblog.
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7 comments:
I've read the transcript, and I'd like to compliment Mr. Freedus on his excellent showing today. He is certainly a credit to the military defense bar.
I'm surprised that Art. 2(a)(7), didn't get raised - you can be discharged - long discharged - but if still in custody, are subject to court-martial jurisdiction. There's an old SCOTUS case that discusses that and a long line of DB prisoner courts-martial cases.
But, all in all, a very interesting oral argument.
What was the deal with Mr. Freedus receiving numerous notes from his co-counsel while arguing? I thought that was forbidden. The guide for counsel on the Supreme Court website states "except in extraordinary circumstances, co-counsel do not pass notes to arguing counsel during argument." Having been present for argument I thought Mr. Freedus did a fine job (not as good as Mr. Shah though), but that note passing was distracting and, by Mr. Freedus' reaction to a few of the notes, I don't think he always needed the assist.
Who (name of counsel) was passing him the notes?
Who do you think?
The professor?
Interesting how the reporting service can put out a 59-page transcript, complete with index, the same day as the argument, but that it takes the military (or at least the Navy) weeks to prepare a simple SpCM guilty plea transcript, and months to turn around a contested case.
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