The New York Times has an interesting piece, here, on the true tale of a “A Few Good Men.”  Aaron Sorkin is quoted as revealing that “The character of Dan Kaffee in ‘A Few Good Men’ is entirely fictional and was not inspired by any particular individual.” 

On Sep. 19, 2011, HBO Airs a documentary titled “The Strange History of Don’t Ask Don’t Tell.”  HBO usually produces some good products, so the military justice references will hopefully be at least passable.   Though it’s passage is unlikely, some lawmakers introduced a bill to delay repeal of the DADT policy, see coverage here.

Not quite military justice, but this NYT article on a “dispute” within the executive branch over targeting non-high value members of Al-Qaeda and other terrorist groups mentions the role of military commission habeas rulings in the current debate.

7 Responses to “Military Justice News for Sep. 16, 2011”

  1. stewie says:

    At least from my corner of the military world, it’s been interesting to see just how ho-hum the final days of DADT have been.

    “Oh, it’s next week? Didn’t know that. Anyways…”

  2. Cloudesley Shovell says:

    I’m going to go out on a limb here, but if you’re bragging that you’re the “real LT Kaffee” on your law firm website, you’re not.

    Speaking of fiction, anyone out there ever actually had a Perry Mason or Col Jessep moment in the courtroom?

  3. k fischer says:

    As my last question during my cross examination in a larceny case, I asked a CID agent if he sent an e-mail to the TC saying that the case against my client shouldn’t be prosecuted. The TC popped up and objected on relevance, as she should have, so I explained to the judge in front of the panel, “Judge, I want the panel to hear that he sent this e-mail, so they can understand his lackadaisical investigation in this case.”

    For some unknown reason, the TC said, “Oh, well then, he can answer the question.”

    So, I said, “Did you send the e-mail?”

    The agent sneered, “Absolutely not!”

    So, I walked over to the table and found the e-mail that was in the CID file and gave it to the TC who received the e-mail. Her hands started shaking, and she asked for a 39(a). When the panel left, she asked for a break.

    She said that I did not give her notice of the e-mail. I told her the e-mail was addressed to her. She had notice.
    She said she did not know whether it was authentic, as if I fabricated the e-mail on Wordperfect. I told her I could call her on the stand and authenticate it through her.
    She asked me how I got the e-mail. I told her it was in the CID file, to which the CID agent said there was no way it was in the file (as if I hacked into the CID server and trolled for the e-mail). I said, “check your file, Bud! It’s in there.”

    So, she tried to argue that it was irrelevant, but I moved on from there and said I wanted to use it to impeach the agent.

    The judge let me ask the agent if he sent the e-mail, so when everybody got back into the courtroom, I asked him while I was reading the e-mail, “Agent *****, isn’t it true that on 13 January 2010, at 1226 hours, you sent an e-mail to [pointing] the trial counsel, CPT ******* ***** stating, and I quote, ‘I really don’t think this case is worth prosecuting, but that’s just my two cents?'”

    The panel was on the edge of their seats as the Agent glared at me, and after a long pause, admitted, “Yes.”

    After my client was acquitted, the Judge invited everyone back for a bridging the gap session, where the Chief of Justice walked in and interrupted by screaming at the Judge about MY lack of professionalism. I kept my mouth shut and stared at the ground whilst strategizing how I was going to put him down if he threw a punch. I’d never seen anyone so angry about losing a stupid case that shouldn’t have been prosecuted in the first place.

    But, I always wondered why the TC didn’t ask for the 39(a) when she heard her witness testify falsely on the stand………..you know, that whole candor in front of the tribunal thing in AR 27-26……but, I find it par for the course at that post.

  4. Rob M says:

    When I lived in VA, one of those alleged muses for AFGM had TV commercials on local stations. It was something along the lines of “he used to be in the Navy, now he fights ‘the insurance companies’…put a few good men to work for you.” Not nearly as inspiring as the movie version.

  5. Dwight Sullivan says:

    Rob M, I can just picture the courtroom drama: “You can’t handle the deductible!”

  6. Rob M says:

    Son, we live in a world that has claims, and those claims have to be adjusted by men with calculators. Who’s gonna do it?

  7. Charles Gittins says:

    Bansley drafted charges against then-Commandant Al Gray for unlawful command influence in the Guantanamo cases. They didn’t go anywhere, but that took some balls.