As most reasonable people would agree, Monty Python and the Holy Grail is one of the three best movies of all time. Remember the scene where  Eric Idle is chanting “Bring out your dead,” and John Cleese brings out a man who protests that he’s not dead? If so, you’ll remember that the scene ends with Idle turning the man into an actual corpse.  Today’s CAAF grant in United States v. Wilson brought that scene to mind.  Will Wilson end with CAAF playing Eric Idle’s role and Article 10 playing the role of the corpse?

From time to time, I’m asked to give military justice updates.  And when I do, I show a slide of a tombstone with “Article 10″ written on it.  Article 10 appeared to be dead letter in the wake of cases like United States v. Cossio , 64 M.J. 254 (C.A.A.F.2007), and United States v. Schuber, 70 M.J. 181 (C.A.A.F. 2011), in which trial judges found Article 10 violations only to have military appellate courts conclude that the government acted with reasonable diligence.  See also United States v. Thompson, 68 M.J. 308 (C.A.A.F. 2010).

But, lo and behold, here’s Article 10 protesting, “I’m not dead yet.”  Today CAAF granted review of this issue:

WHETHER APPELLANT WAS DENIED HIS RIGHT TO A SPEEDY TRIAL IN VIOLATION OF ARTICLE 10, UCMJ, WHEN THE GOVERNMENT FAILED TO ACT WITH REASONABLE DILIGENCE IN BRINGING HIM TO TRIAL.

United States v. Wilson, __ M.J. __, No. 13-0096/AR (C.A.A.F. Dec. 17, 2012).  ACCA had affirmed in a two-sentence opinion.

If CAAF does kill off Article 10, maybe we could build a large wooden badger . . . .

17 Responses to “Article 10: Not dead yet?”

  1. John Baker says:

    I’ll bite — what are the other two movies that round out your top three?  

  2. Cheap Seats says:

    “You think it’ll work?”
    “It would take a miracle.”

  3. Dwight Sullivan says:

    John — Most reasonable people would agree that the other two greatest movies of all time are Raiders of the Lost Ark and Animal House.

  4. Mike "No Man" Navarre says:

    Raiders and Animal House!?! Inconceivable!

  5. Gene Fidell says:

    Not “The Last Detail”?
    As in: “Shore Patrol? Buddy, we ARE the #%€£¥ Shore Patrol,”

  6. Phil Cave says:

    My Liege,
    The issue is not whether Article 10 is dead, the issue is what will be written on the headstone.  And that’s on top of telling them that it will take months, sometimes years to get a preferral decision.

  7. Ama Goste says:

    What Phil said.
    I had dinner with frat boy Boon a year or two ago–really nice, very well-read guy.  CAAFlog readers may have seen him in a short film about GTMO: http://www.theresponsemovie.com/

  8. Cloudesley Shovell says:

    Let us not forget that other cinema classic about $400 handcarts, schnitzengruben, and more beans, Mr Taggart.

  9. stewie says:

    It just so happens that Article 10 is only MOSTLY dead. There’s a big difference between mostly dead and all dead.  Mostly dead is slightly alive. With all dead, well, with all dead there’s usually only one thing you can do. Go through his clothes and look for loose change.

  10. Phil Cave says:

    My Liege, methinks you are out on a limb with this one — oooops, I meant without a limb, or two, or three, or four.

  11. Mike "No Man" Navarre says:

    The problem with attempts to revive Art. 10 with miracle pills is that you have to wait fifteen months for full potency (and you shouldn’t go swimming after administeriung them for at least . . . an hour). I hope Wilson’s counsel has fun storming the castle–it won’t be pretty.

  12. Zachary Spilman says:

    Article 10 isn’t dead. It’s just resting.

  13. Phil Cave says:

    Look Matey, I know a dead parrot when I see one, and I’m looking at one right now.

  14. Christopher Mathews says:

    It’s pining for the fjords …

  15. stewie says:

    Mike, now all we need is a reference to Buttercup or Rodents of Unusual Size or how someone killed Article 10’s father and they should prepare to die, and the reference circle will be complete.

  16. publius says:

    To skew just slightly younger: “This is not ‘Nam, Dude. There are rules.”

  17. k fischer says:

    Speaking of ‘Nam, to every TC got stuck on a case they didn’t believe in:
    Are you an assassin? I’m a soldier. You’re neither. You’re an errand boy, sent by grocery clerks, to collect a bill.