We’ve been following the case of United States v. Salyer closely for about three months now, see NMCCA opinion analysis here and Top 10 MilJus Story of 2012 post here.  And it looks like we’ll get at least another three months out of the story.  Here is a link to CAAF’s grant of review in the case.  As we noted before, the QP in the case is:

Under United States v. Lewis, A Case Is Dismissed With Prejudice When Unlawful Command Influence Results In The Recusal Of A Military Judge. Here, The Military Judge Recused Himself Because He Found That The Government’s Actions Made It Impossible For Him To Remain On The Case. The Government Complained To His Supervisor About A Ruling, Accessed His Service Record Without Permission And, With This Information, Moved For His Recusal. Should This Case Be Dismissed With Prejudice?

And here is a link to the supplement.

4 Responses to “CAAF Grants Review in Salyer

  1. Michael Lowrey says:

    I’m not surprising that CAAF granted review.

  2. ConLaw says:

    This is summary reverse territory, but grant to write something about how much ridiculousness occurred.

  3. Stackhouse says:

    A screaming message should by sent by a dismissal with prejudice and verbal gutting of all involved. (As a side for the webmaster…once the spam protector gets to double digits, you make it increasing unlikely I will be able to post).

  4. Dew_Process says:

    The “facts” in Salyer are bad enough, but what I find disturbing, if not disgusting in the aftermath of how the Court treated Partington [and I'm not reopening that debate] for a questionable ethical lapse, is that here, staring the Court right in the face are twocriminal acts and they simply ignore them.  UCI is an offense under Art. 98, UCMJ, while a Privacy Act violation (as herein) is criminal under 5 USC 552a(i).
     
    It is simply putrid that officers charged with upholding (and prosecuting violations of) the law, can commit criminal acts, which in turn are either simply ignored or swept under the rug.  The “win at any cost” mentality tarnishes us all in the end.