The Navy-Marine Corps Appellate Government Division today filed this request asking CAAF to reconsider its order requiring a DuBay hearing to examine statements that Judge Palmer made during a PME/CLE to summer funners on 21 June 2012.

3 Responses to “Code 46 asks CAAF to call off DuBay hearing in case questioning military judge’s impartiality”

  1. Zachary Spilman says:

    “Moreover, as the United States does not contest the underlying factual assertions found in these statements, no Dubay hearing is required.” Gov’t Pet. at 1 (emphasis added).

    “The Military Judge’s comments, even if true, have no connection with Appellant’s case and make no mention of any previous case that the Military Judge presided over.” Gov’t Pet. at 4 (emphasis added).

  2. Babu says:

    Code 46:  “I strenuously object.”


  3. Peanut Gallery says:

    Zach, in fairness to the United States, I believe the second statement you quoted is not a complete contradiction of the first.  The U.S. does not contest the factual assertions (i.e. the MJ made the comments).  That is not the same thing as conceding that the substance of the comments themselves is true, which is what the second quote seems to argue.