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Problems with “New” Sexual Assault Article Examined

Brian F. George — Mon, 26 Sep 2011 01:29:56 +0000

Here is a McClatchy Newspapers article which takes an in-depth look at the problems with the “new” Article 120 which consolidated many of the sexual assault offenses under the UCMJ in 2007. The article gives a good overview of some of the problems created by changes to the statute including perspectives from practitioners and military judges.

Three Hawaii Marines Charged in Connection with Suicide

Brian F. George — Mon, 29 Aug 2011 15:31:37 +0000

Three Marines based in Hawaii have been charged in connection with the suicide of a fellow Marine in Helmand Province, Afghanistan on April 3. The Marines have been charged with assault, hazing and related offenses. The government is alleging that Lance Corporal Harry Lew was beaten and hazed by fellow Marines just prior to his suicide. An Article 32 investigation is scheduled for September 8. More details can be found here and here.

Military Death Penalty in the News

Brian F. George — Mon, 29 Aug 2011 01:35:03 +0000

The application of the death penalty in the military comes under scrutiny in two articles in the Kansas City Star today. In the first article, a new study is discussed which purports to have discovered a racial bias in the application of the death penalty in the military. The second article addresses competency of defense counsel in defending capital cases, particularly in the sentencing phase, where the effectiveness of the presentation can literally mean the difference between life and death for the accused. It notes a rather staggering statistic regarding appellate reversals: ten of the sixteen men who have been sentenced to death by the military since 1984 have been resentenced to life in prison.

Fort Hood Shooting Charges Referred as Capital

Brian F. George — Fri, 08 Jul 2011 12:22:43 +0000

The charges against Army Psychiatrist MAJ Nidal Hasan related to the shootings at Fort Hood that killed 13 and wounded 30 were referred to a general court-martial, according to Politico and numerous other news outlets. LTG Donald M. Campbell, the General Court-Martial Convening Authority (GCMCA) referred the case on July 6, and determined that the court-martial could consider death as an authorized punishment. The Politico story is here. The press release from Fort Hood is here.

Feres on the docket again (maybe)

Brian F. George — Sun, 26 Jun 2011 23:52:30 +0000

The Supreme Court considered on Thursday whether it will grant certiorari in a medical malpractice case filed by Alexis Witt, the widow of active-duty Air Force Staff Sergeant Dean Patrick Witt who died following medical treatment at Travis Air Force Base, California. The District Court dismissed the suit and the 9th Circuit affirmed. Under a 1950 precedent, Feres vs. U.S., the Supreme Court held that such claims by active-duty military members may only be brought under the Federal Tort Claims Act (FTCA), “where the injuries arise out of or are in the course of activity incident to service.” Courts have interpreted this language to include, among other things, medical malpractice claims. There have been multiple, unsuccessful attempts over the years to overturn Feres. The Supreme Court’s decision is expected on Monday. For more details, see the Kansas City Star story here.

UPDATE: June 27, 2011

It appears that the Supreme Court denied Cert by Order issued this morning.

Army Court of Criminal Appeals considers court-martial of civilian contractor

Brian F. George — Fri, 24 Jun 2011 05:00:08 +0000

This is an interesting story about the Army CCA reviewing the case of a former Army translator in Iraq who was court-martialed for an incident in which he stabbed another translator. The accused translator was a civilian contractor and was prosecuted based on a 2006 amendment to the UCMJ allowing for jurisdiction to be asserted over certain civilians accompanying the military. The Army judges reviewing the case raised questions about how far this jurisdiction can extend.

New Gitmo Prosecutor

Brian F. George — Fri, 24 Jun 2011 04:59:46 +0000

The pentagon has appointed a one-star general as the lead prosecutor for the military commissions at Guantanamo Bay, Cuba. Army Brigadier General Mark Martins is currently the Rule of Law Field Force Commander in Afghanistan. He will take over the prosecutor’s office in October, and his duties will include leading the prosecution of high-profile cases arising from the 9/11 attacks and the attack on the USS Cole. More here.

A Step Closer to Repeal of DADT

Brian F. George — Tue, 25 May 2010 18:42:11 +0000

Congress has moved a step closer to repeal of Don’t Ask, Don’t Tell, the policy which prevents openly gay military members from serving and which provides a basis for discharge of members who violate the policy. The Washington Post, among numerous other news outlets, is reporting that President Obama has endorsed a compromise between lawmakers and DoD to make the repeal happen. The compromise apparently entails a vote, within the next few days, on an amendment to repeal the ban. The effective date of any repeal would not be until after DoD completes a study on how the repeal would affect troops. The results of that study are due to Congress on December 1.

SEAL Courts-Martial Update II – Third Acquittal

Brian F. George — Fri, 07 May 2010 01:01:48 +0000

The third and final court-martial involving allegations that a Navy SEAL assaulted a suspected terrorist concluded today in Norfolk with a military panel finding the accused, P02 Matthew McCabe not guilty of all charges. Two other SEALs were also fully acquitted at separate courts-martial in connection with the same incident. The cases had attracted significant media attention and reaction by U.S. politicians, many of whom argued that the cases should not have been taken to court-martial at all, despite the fact that the SEALs turned down nonjudicial punishment and demanded court-martial.

http://www.foxnews.com/us/2010/05/06/navy-seal-guilty-assaulting-suspected-terrorist/

SEAL Courts-Martial Update

Brian F. George — Wed, 05 May 2010 23:32:04 +0000

Two of the three SEALs who turned down an offer of nonjudicial punishment and demanded court-martial in connection with allegations that a high-value detainee was assaulted have been acquitted of the charges against them. The detainee, Ahmed Hashim Abed is suspected of masterminding the brutal 2004 killings of four American contractors in Fallujah. PO1 Julio Huertas and PO2 Jonathan Keefe were found not guilty by a military panel (a jury) on April 22, and a military judge on April 23, respectively. Both were tried in Iraq.

The court-martial of the last SEAL, P02 Matthew McCabe started on May 3 in Norfolk, VA, and is ongoing.

Recent news stories covering the cases follow.

http://edition.cnn.com/2010/WORLD/meast/04/22/navy.seal.verdict/?hpt=T2

http://www.cnn.com/2010/WORLD/meast/04/23/iraq.navy.seals.trial/

http://www.google.com/hostednews/ap/article/ALeqM5ibDgeSewqxKBSkY-nlLNquLk1UYwD9FG9QDO0