Manning plea coverage and court-martial .mil webpage
The Dissenter at has this coverage of the Army’s announcement that it will populate the PFC Bradley Manning court-martial webpage, here, with at least 84 pre-trial documents.  Our prior coverage of the Manning case page hereHere is a related NPR report with coverage of the hearing and links to other reports on the FOIA page. And Reuters has this coverage of today’s plea that will make his followers giddy as Manning will need to admit the elements of his pleas during the providence hearing.

Are JAG Corps’ detailing practices a model for the “drone court”?
And our own Professor Gene Fidell has this op-ed response to Neal Katyal’s proposal for an internal, non-bing drone “court” in the executive branch. Former SG Katyal’s proposal is here. One of Prof. Fidell’s arguments against the proposal is that the idea of the “bar” of the court switching sides at a pre-arranged schedule is not a good policy because it inhibits counsel from advancing long-term interests of their client. Maybe its just me and maybe Mr. Katyal is on to something, but it is sort of odd that one of the more often criticized assignment practices in the JAG Corps is being held up as a model. Makes for good theater if anything.

2 Responses to “Military Justice News for Feb. 28, 2013”

  1. John Baker says:

    I’ll take the opposite position of my good friend Gene (whom I had dinner with last night).  Provided the ethical issues are properly covered (see  US v Lee for an example when they aren”t (disclaimer – I’ve been representing Capt Lee for the last 5 years, Gene has had the case even longer)), I’m a big fan of counsel changing sides after a predetermined amount of time (the standard in Marine Corps is 18 months-ish) a tour as a prosector makes a better supervisory defense counsel and vice versa.

  2. Gene Fidell says:

    For CAAFloggers interested in this issue, see 1 Op. OLC 110 (1977). Full disclosure and informed consent  solve neither the problem that concerned OLC then nor the one that concerns me now. (John, it was a wonderful visit.)