[Disclaimer: I have one of the “Soybel 37” appellants.]

For those of us interested in and following Soybel II, we are watching United States v. Janssen, now at CAAF.

CAAF granted and ordered expedited briefing in Janssen.  So today’s Order is somewhat interesting.

At AFCCA, the government has asked the court to apply Janssen to all 37 pending cases.  No word on that, but my gut tells me they may be waiting for an answer in Janssen.


A final AG brief filed 13 January 2014, is at this link.

A 90 page Supplemental AG filing of 15 January 2014, is at this link.

2 Responses to “The soybel’s go rolling along [Updated]”

  1. Dew_Process says:

    OUCH!  Haven’t seen a CAAF slap-down like that in a longtime! 

  2. Dude says:

    Wow… the Court cites to a 5th Circuit decision… which suggests that this is an issue of first impression in the military jurisdiction.  Is this the first time ever that CAAF has received a brief from counsel that is “inadequate?”  I imagine not.  So, why is it this case, and the government’s brief, that the Court chooses to use this sledgehammer against?