Federal district court hearing to be held in Stein case on Friday
Here’s an order entered by the United States District Court for the Southern District of California setting a hearing this Friday on Marine Corps Sgt Gary Stein’s request for a preliminary injunction to prevent the Marine Corps from discharing him in the wake of last week’s admin discharge proceeding. Further briefs may be filed NLT 0900 PDT tomorrow. Tomorrow night, I’ll try to post anything that’s filed tomorrow.
As usual, I am flummoxed by the stupidity of the JA Division. Precluding the D from putting on relevant expert testimony in an Admin Board is the usual small minded and legally indefensible stuff that ends up getting overturned by the records correction boards or federal courts. Assuming that the recitation of how this hearing went, I am embarrassed that I served in the Marine Corps and that senior Judge Advocates took the road they did to preclude introduction of relevant expert testimony. There seems to be no limit to stupidity and lack of understanding of the Due Process Clause in the active duty Navy and Marine Corps. This federal Judge has given the USMC plenty of rope and now it is time to allow the USMC to hang themselves with an injunction.
The other thing I noted was Addicott was the prosecutor who was involved in denying SGM Gleason due process in his now overturned court martial conviction. See 37 and 43 MJ. Now, it seems, he is the paragon of accused’s rights.
“Assuming that the recitation of how this hearing went [is correct]” being the key issue.
What relevant expert testimony??
@ Charlie Gittins: This federal Judge has given the USMC plenty of rope and now it is time to allow the USMC to hang themselves with an injunction.
Or not.
And they will appeal. As they should. 9th Circuit.
and one assumes, will lose there as well.