Post authored by Henry Castillo, NIMJ Law Student Intern

Army Announces Court Martial Date in Chinese-American Hazing Case

The Army has announced that Sgt. Travis Carden of Fowler, Ind., will go on trial on April 4in a U.S. military court in Afghanistan on charges including hazing, maltreatment and assault.   Carden and seven others are charged in the October death of 19-yr-old Pvt. Chen, a Chinese-American. The case against the other seven are pending.   WaPo story can be found here.

Bradley Manning Nominated for Nobel Peace Prize

Bradley Manning, the former US Army soldier accused of leaking sensitive documents to Wiki[shhh], began the process of formal court-martial last Thursday. Now it is being reported that he is among the 231 people up for a Nobel Peace Prize this year.   Find the full story here.

Army Investigating “flat-out abuse” in Kosovo

Seventeen commissioned and noncommissioned officers in Kosovo have been suspended amid an Army investigation into allegations they employed harsh training tactics to initiate soldiers.  Lt. Gen. Mark Hertling declined to describe the details of the allegations citing the Army’s ongoing investigation. Hertling said the soldiers could face a range of punishments.  No Man Note:  And my favorite quote from a senior officer this year, ““It was all about not respecting soldiers, using the wrong kinds of training methods, frat house kinds of jackassery, and just poor leadership.”   Army Times full story can be found here.  

U.S. Prosecutors Allegedly Prepare Secret Charges Against Julian Assange

According to an email obtained by hackers U.S. prosecutors have prepared secret charges against Wiki[shhh] founder Julian Assange.  Find the full story here.

Aftermath of Quran Burning Still Developing

First, the Department of Defense issued new “Quran Distribution Guidance” memo. The memo states that Qurans will only distributed to US service members who are Muslim, as indicated on their dog tags.  Story can be found here.  Also, resulting from the Quran burning incident is it being reported that NATO has agreed to have soldiers who burned copies of the Quran face trial.   The story is still developing and can be found here.

12 Responses to “Military Justice News for Mar. 1, 2012”

  1. John Harwood says:

    Nice!  “Jackassery” is now officially in my vocabulary rotation.

  2. Just Sayin' says:

    so the commander in chief is assuring punishment before investigation and trial?
     
    UCI anyone?

  3. k fischer says:

    “so the commander in chief is assuring punishment before investigation and trial? UCI anyone?”
    (In my best Kevin Pollack voice):  The same argument that didn’t work for SGT Graber at Abu Ghraib and the same argument that didn’t work for any of the number of UCI motions for rape allegations that moved past the Article 32 in  contravention to the IO’s recommendation after the SecDef’s statements regarding sexual assault accused have no place in the military. 

    I think that every time that latter happens, Defense Counsel should attempt to interview the SJA and file a UCI motion when s/he refuses to answer your questions as to what evidence they relied upon to refer the case anyways.

  4. Just Sayin' says:

    sad, but true.

    Let’s just make a new Article 135: Doing something politically inconvenient as decided by someone at some future point in time based on standards we have yet to develop.

    Add “prejudicial to good order and discipline” or “service discrediting” as a terminal element and it will probably survive appeal.

  5. Lieber says:

    Um no. Read the link. It’s a bullshit post based on bullshit sources and factless speculation. It never should have been linked to. No one made a commitment to try anyone. I don’t care what the afghan government says we said. They do that a lot. 

  6. k fischer says:

    Lieber, 

    What are your thoughts on DP’s link? 

    It amazes me that the members of the religion of peace are so upset about the burning of the Koran that they will kill human beings who had nothing to do with the burning of the Korans.  And, we apologize for it and investigate it.  And some leaders are going to be a scapegoat for it. 

    If I were a trial counsel detailed to prosecute one of these individuals, then I would resign my commission rather than announce my qualifications on the record.  But, I am sure that some feckless TC will take the case, and if the accused is convicted will use the deaths of the four Soldiers as aggravation from the barbaric acts of the members of the religion of peace.  

    But, maybe I’m just being pessimistic.

  7. Lieber says:

    Well that’s a more reliable link :). Sounds like we have a commander’s inquiry or a 15-6 making some recommendations. Which isn’t quite the same thing as anyone promising a court-martial. 

  8. stewie says:

    Bad headline writing: Soldiers Are Said to Face Punishment in Koran Burnings
    Here is the first paragraph:
    Five American service members and an Afghan-American linguist MAY face disciplinary action in the burning of Korans at a NATO base, an event a week ago that plunged Afghanistan into days of violent protests, according to the preliminary conclusions of a joint military investigation.
    It does not appear likely that anyone is going to be court-martialed, but there may have been leadership failures. I think it a bit early in the process to be righteously indignant or alleging UCI.

  9. Zachary Spilman says:

    there may have been leadership failures

  10. Just Sayin' says:

    pfft.
    if history has taught me anything, no one will actually look into “leadership failures” .  Instead they’ll find someone of adequately high rank to send a message (say an O3), shoot them in the head, and then move on as if nothing happened.
    Mantra of the flag officer (especially in the legal community): “Accountability for thee but not for me”

  11. Michael Keyes says:

    Is Bradley Manning no longer in the military?