BGEN Jeffrey Sinclair’s court-martial has been delayed until Jan. 7, 2014 reports the Fayetteville Observer, here. The primary reason appears to be an unresolved appeal of defense UCI motions:
The defense team has appealed a decision by the military judge, Col. James Pohl, to deny pretrial motions seeking to have the bulk of the case thrown out.
Sinclair’s lead defense lawyer, Richard Scheff of Philadelphia, has raised several motions concerning unlawful command influence, or UCI. The defense argues that President Obama’s public promises to pursue and punish sexual predators in the military put improper pressure on the Pentagon to charge Sinclair, despite what his lawyers contend is a weak case by the prosecution.
Scheff told The Associated Press the government agreed with his assessment to delay the trial.
“Separately, we have sought appellate review of the denial of our UCI motions, and that is working its way through the system as well,” he said.
Here is a Reuters report that will surely cause discomfort on the Hill in the wake of the tragedy at the Navy Yard:
Federal prosecutors have documented at least 350 instances of faulty background investigations done by private contractors and special agents for the U.S. Office of Personnel Management in recent years, illustrating what some lawmakers call systemic weaknesses in the granting of federal security clearances.
Reuters calculated the total by reviewing court documents and press releases from prosecutors for 21 cases resulting in convictions that involved the making of false statements from December 2004 to March 2012. . . .