Wednesday, May 21, 2008

New CAAF decision: United States v. Miller

I understand that CAAF is having some trouble with its web site, so I am posting this link to CAAF's decision from yesterday in United States v. Miller, __ M.J. ___, No. 07-5004/AF (C.A.A.F. May 20, 2008).


Anonymous said...

CAAFlog, on your link, you appear to have cut off the end of Judge Baker's dissent.

Anonymous said...

CAAFlog WINS! Another curly W in the books. Nice job CAAFlog and congratulations!

Anonymous said...

The dissent is persuasive in pointing out potential problems in relying on a unity of command paradigm, borrowed from the lawful order field, in the unlawful seizure field.

However, the dissent's view of a big government machine evolving to issue self-executing and eternal orders is like Hal in 2001: A Space Odyssey, is too eerie. A bureaucratic-military-industrial machine (a la Pink Floyd's 1975 "Welcome to...)

I like the majority's reliance on actual human beings - real flesh and bones military officers (eh, hm, "warriors") - issuing lawful orders that include lawful seizures. The majority seems to implicitly embrace the rule of lenity.

Dwight Sullivan said...

1230 Anon,

As you may know, the Kabul Klipper is a skilled musician and a student of classical music.

I hope the Klipper will agree with me that one of the greatest classical compositions of all time is Commander Cody's "Hot Rod Lincoln."

And to quote "Hot Rod Lincoln," "That's all there is and there ain't no more."

Marcus Fulton said...

We didn't get that far in Music History. Guess I shouldn't have gone to a Big Ten school.