I understand that the Cox Commission II report should be available online around 1400 to 1500. I’ll write more about it tonight. But for the time being, here are the report’s seven specific recommendations:
1. Expand appeal to the Courts of Criminal Appeals and Court of Appeals for the Armed Forces (CAAF) to make appellate review a matter of right in every contested court-martial.
2. Enact the Equal Justice for Our Military Act of 2009, now pending in the House of Representatives, to permit direct appeal to the Supreme Court by convicted servicemembers, regardless of whether CAAF grants certiorari.
3. Consider permitting accused servicemembers to waive their right to appellate review in pre-trial agreements.
4. Improve access to defense counsel to expert assistance during case investigation and trial.
5. Prohibit trial counsel from attacking the credentials of an expert witness if the government provided that specific expert to the defense as an adequate substitute for an expert consultant requested by the defense.
6. Require military law enforcement agencies to videotape the entirety of custodial interrogations of crime suspects at law enforcement offices, detention centers, or other places where suspects are held for questioning, or, where videotaping is not practicable, to audiotape the entirety of such custodial interrogations.
7. Repeal Uniform Code of Military Justice, 10 U.S.C. § 925 (Article 125, sodomy).
The report also identifies two additional areas of concern: (1) jurisdiction over civilians; and (b) animal abuse and abandonment overseas. The report notes areas for further consideration regarding the former and suggests adoption of a specific prohibition against the latter.