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. . . .

3 Responses to “Military Justice News for Sep. 25, 2013”

  1. Canada Dry says:

    My hunch – 
    MPCOA: BG Sinclair court-martial dismissed, or result in acquittal. He’ll get a reprimand and retire.
    Where there’s smoke, there is often fire and the USMC Taliban/ urination case has been smoking for a long time, likely from the Commandant and his counsel trying to burn a lot of incriminating evidence. Combine that with the POTUS comments, Judge Palmer, talking points from USMA trying to shape a case before it hits the media, etc, and I think a skillful DC with time and money to assist in preparation, will show that a pattern exists at the O-7 level and above, influencing and affecting the MilJus system overall and this case specifically.
    When the alleged victims are outraged, those guilty of polluting the waters of justice with UCI will close their eyes and pretend they did no wrong.
    I also think he has enough money to sustain the fight and uncover prosecutorial misconduct, or some other issues such as investigation missteps, that will limit the amount of evidence admitted. 
    MDCOA: Massive firestorm if BG Sinclair has been on any email chains showing what goes on behind the scenes, the ‘dirty secrets’. It would force the govt to abandon the case. If discovery and UCI inquiries uncover personal emails among the GOs using fictional names and accounts such as those found at the EPA, it’ll be upheaval for the MilJus system and a denial of justice for alleged victims.

  2. Tami says:

    Why isn’t this making its way through the appellate process like any other court-martial–AFTER the trial?

  3. Canada Dry says:

    For Tami, not sure if you’re confused about the comments from BG Sinclair’s counsel, saying they’re seeking appellate review of the UCI issue, or just the procedural course. I know I was – about both, particularly the UCI & appellate review quote. It seemed like an odd way to word things. But it plays into my reasoning for the above comments. I think his counsel has some information that has prompted this avenue of review. Could be totally wrong, it’s just the first thing that popped into my head.