evidence of unlawful command influence in Fort Bragg officials’ decision to reject a plea deal before the trial. Under military code of justice, the decision was supposed to be decided solely based on evidence in the case — and not its broader political implications in a military grappling with sexual assault cases.
gave the defense team the choice of having a different commanding general and prosecutors consider the rejected plea deal. The defense has until Tuesday morning to decide whether to accept the offer or allow the trial to proceed.
I’m not sure how this is possible without first disqualifying the convening authority (and possibly the entire prosecution team, considering the reference to “a different commanding general and prosecutors“). And depending on the date that disqualification “ripened” (for lack of a better term), there may also be an improper referral.
Update: The AP story was updated and now reads “another chance to plea-bargain the case down with a different set of military officials” instead of “the choice of having a different commanding general and prosecutors consider the rejected plea deal.” You can read a cached version of the original story here (the change is in the third paragraph).