tag:blogger.com,1999:blog-34853720.post3910187655813403583..comments2023-08-24T10:39:23.460-04:00Comments on CAAFlog: This week in military justice -- 11 January 2009 editionDwight Sullivanhttp://www.blogger.com/profile/11657981110237418710noreply@blogger.comBlogger13125tag:blogger.com,1999:blog-34853720.post-79102229734285489642009-01-13T08:34:00.000-05:002009-01-13T08:34:00.000-05:00Anon 08:16pm - just for clarity, we're talking...Anon 08:16pm - just for clarity, we're talking two panels (the C/M and ACCA panel). Hey not everyone reading this is a JAG or former JAG. The ACCA appeals panel took a 5 minute break, then ruled for the defense from the bench, which was unusual (ruling from the bench, not so much ruling for the defense).<BR/><BR/>Second, Anon 6:55pm - Gitmo will not be closed within a week. see for example: http://www.nytimes.com/2009/01/13/us/politics/13gitmo.html?_r=1&hp<BR/>The decision to close Gitmo may be made, and likely the military commissions will disbanded, next week, but Gitmo will still be around for some time yet.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-34853720.post-77751995455633969692009-01-12T19:04:00.000-05:002009-01-12T19:04:00.000-05:00Anon 1856 - I "believe" that his enlistment expire...Anon 1856 - I "believe" that his enlistment expired while he was in pretrial, and I think he just walked away - errr, probably ran!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-34853720.post-25372484630206839212009-01-12T18:56:00.000-05:002009-01-12T18:56:00.000-05:00What's going on with the Martinez case after his c...What's going on with the Martinez case after his capital murder acquittal? More charges preferred or has he been chaptered? Haven't seen anything in the news.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-34853720.post-19076695975814189772009-01-12T18:55:00.000-05:002009-01-12T18:55:00.000-05:00Gitmo to be closed within Week One. See http://ww...Gitmo to be closed within Week One. See http://www.guardian.co.uk/world/2009/jan/12/guantanamo-obama-white-house<BR/><BR/>About time.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-34853720.post-15312898229130326062009-01-12T18:50:00.000-05:002009-01-12T18:50:00.000-05:00ANON 1728: Good post, good points and I agree.The...ANON 1728: Good post, good points and I agree.<BR/><BR/>There is actually some "excitement" at the MilComs that may transcend whatever ultimately happens down there. MJ Henley [of the Martinez and Murphy cases], issued Protective Order # 7, on 18 DEC 08 [its on the KSM file at DefenseLink] and apparently has had second thoughts, and "invited" briefing on the issue of whether it goes too far in expanding the definitions of "classified" information. If you read the PO, you'll see why.<BR/><BR/>Gov'ts response is due I think at COB today; and Defense later in the week.<BR/><BR/>Of particular note, the gov't got him to sign the PO ex parte, without any notice to the Defense. That of course has created more hoopla - if DC has appropriate clearances, there's no reason to seek such a grossly expansive PO ex parte.<BR/><BR/>Stay tuned and I do hope Dwight at least starts a MilCom thread, even if he decides not to post on it, especially since a number of military appellate judges [noted somewhere recently on CAAFlog] are dual-hatted to the CMCR.Dew_Processhttps://www.blogger.com/profile/12952551772411097184noreply@blogger.comtag:blogger.com,1999:blog-34853720.post-32319224372827326912009-01-12T17:28:00.000-05:002009-01-12T17:28:00.000-05:00CAAFlog:Why not post more on the military commissi...CAAFlog:<BR/><BR/>Why not post more on the military commissions (other than in the next week there may not be much left to post)? You are and have always been very professional such that I think you could probably keep most of your "bias" in check, at least to a reasonable degree. And you always put the disclaimer that you were the Chief Defense Counsel for 2 years (and did a great job I might add)(DISCLAIMER: I was a prosecutor there for 2 years). <BR/><BR/>I think any REASONABLE and PROFESSIONAL individual would not hold it against you; I certainly would not (I may challenge....errrrr....debate you on some stuff, but never hold it against you). <BR/><BR/>Military Commissions, like them or not, are a part of our military justice history and, for at least the next few days, present. And there are a lot of good debates that have come out about how to prosecute war criminals and hwo the law of war should adapt to address terrorism on the level of armed conflict. I think you do your blog a disservice by leaving them out simply because you may have some built in biases. We all have them no matter what the field. And your previous stints at Navy 45 and now the Air Force? as a civilian appellate defense attorney, why does that not disqualify you on talking about what goes on at CAAF? <BR/><BR/>So I would like to see any news about MCs that come up, though I understand that may not be nearly as often as what comes up in the court-martial world.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-34853720.post-42265939190387183882009-01-12T17:20:00.000-05:002009-01-12T17:20:00.000-05:00Nota bene regarding Smead: arguing legislative his...Nota bene regarding Smead: arguing legislative history to Judge Ryan is slightly less effective than jumping atop counsel's table and proceeding to flap your arms like a chicken while quacking like a duck.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-34853720.post-85767047812135565572009-01-12T16:02:00.000-05:002009-01-12T16:02:00.000-05:00We've gone truly international. Welcome Manoel!We've gone truly international. Welcome Manoel!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-34853720.post-44216407888667291282009-01-12T08:42:00.000-05:002009-01-12T08:42:00.000-05:00Sgt Weemer's case has been delayed and will not be...Sgt Weemer's case has been delayed and will not begin this week.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-34853720.post-21024692148840701822009-01-12T07:31:00.000-05:002009-01-12T07:31:00.000-05:00Hey caaflog, any movement on a reconsideration req...Hey caaflog, any movement on a reconsideration request in Rodriguez?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-34853720.post-40317523221669646372009-01-11T20:16:00.000-05:002009-01-11T20:16:00.000-05:00Friday's ACCA argument (Gross) was a discussion of...Friday's ACCA argument (Gross) was a discussion of jurisdiction and the merits of the Art 13 issue. (The Trial Judge- respondant here- granted 50 days credit for a 3.2 hour delay as the government tried to figure out who was supposed to be on the panel) After the argument the panel left the room, came back five minutes later and denied the writ- Without answering the jurisdiction question. An unremarkable written opinion came out that afernoon.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-34853720.post-91271876482570018022009-01-11T17:54:00.000-05:002009-01-11T17:54:00.000-05:00If the victim impact "evidence" came in at the pos...If the victim impact "evidence" came in at the post-guilt and pre-sentencing phase, why does the CAAF grant say "alleged victim" ... ?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-34853720.post-83370143080269538312009-01-11T12:04:00.000-05:002009-01-11T12:04:00.000-05:00My congratulations on your blog. Brazil's Manoel.My congratulations on your blog. Brazil's Manoel.grupo unido de roda fogohttps://www.blogger.com/profile/06490439279567772642noreply@blogger.com