Navy-Marine Corps Appellate Government asked NMCCA for En Banc reconsideration in United States v. Chessani, the unlawful command influence case involving the court-martial of LtCol Chessani for alleged failings in investigating killings in Haditha in November 2005. Here is a link to the motion. See full CAAFlog coverage of the facts of the case here and here.
Essentially the government motion says, yes, we did provide compelling evidence to rebut the improper flow down of UCI taint–which really isn’t a basis for en banc reconsideration. Thus, Appellate Government also argues that because the investigating officer in the Haditha investigation (the source of the UCI taint) and the MARCENT SJA were relative equals in the command structure (though different ranks), that NMCCA has created a new breed of “lateral” taint in UCI cases.
Counsel for LtCol Chessani tells us, “the government doesn’t know when it has lost.” We’ll see if he proves correct.