Audio of last week’s oral argument before the NMCCA in United States v. West is available at this link (note: the audio file is contained within a zip archive). The issues in West are:
I. Whether the appellant’s pretrial confinement at a civilian detention center violated Article 13, UCMJ.
II. Whether the appellant’s pretrial confinement in the barracks duty hut violated Article 13, UCMJ.
III. Does the provision of the pretrial agreement in which the government promises to remove the appellant from confinement and subject her to “a lesser form of pretrial restraint” after she testifies against a co-conspirator (¶16.a of Appellate Exhibit IV) violate public policy?
IV. If that provision violates public policy, what is the proper remedy?