tag:blogger.com,1999:blog-34853720.post3776970876363269166..comments2023-08-24T10:39:23.460-04:00Comments on CAAFlog: IO reportedly recommends against court-martial for 1LT WhitesideDwight Sullivanhttp://www.blogger.com/profile/11657981110237418710noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-34853720.post-65057251704070351502007-12-12T22:11:00.000-05:002007-12-12T22:11:00.000-05:00Anonymous,May I propose a friendly amendment? I s...Anonymous,<BR/><BR/>May I propose a friendly amendment? I suggest that you delete the second "probably" from your second paragraph.Dwight Sullivanhttps://www.blogger.com/profile/11657981110237418710noreply@blogger.comtag:blogger.com,1999:blog-34853720.post-154876115789674832007-12-11T09:11:00.000-05:002007-12-11T09:11:00.000-05:00We had all this hand wringing by the Post and othe...We had all this hand wringing by the Post and others over how unfair the military justice system is, how military officers ignorantly thumb their nose at mental illnesses, and how the malevolent military was systematically bearing down on this poor girl. But this development indicates that the system may be working after all. <BR/><BR/>The Article 32 did exactly what it was supposed to do here: Act as a “bulwark against baseless charges." United States v. Samuels, 27 C.M.R. 280 (1959). Note that if this had been a federal or state grand jury, which is merely a one-sided presentation by the prosecutor, this young girl would be on her way to the pain and angst of a full blown trial. (Though some jurisdictions, e.g., California, also require a “preliminary hearing” that is much like an Article 32.) While this process has certainly not been easy for Lt. Whiteside or her family up to this point, at least the Article 32 gave her a fair chance to fight for a just result without having to risk a criminal conviction. While Dana Priest and Anne Hull would probably find the concept inconceivable, this is one aspect of military justice that is probably superior to “civilian” justice. <BR/><BR/>I sincerely hope the GCMCA takes the IO's recommendations to heart. Not only for Lt. Whiteside’s sake, but for the sake of keeping our system fair.Anonymousnoreply@blogger.com