In the wake of the debacle of the Sinclair court-martial, where the defense team used political concerns as a basis to successfully argue that the prosecution of the General was unfair, comes news that a half-century ago President Nixon may have used his office to sabotage a different high-profile court-martial prosecution. From this CBS News report:
The documents, mostly hand-written notes from Nixon’s meetings with his chief of staff H.R. “Bob” Haldeman, lead some historians to conclude that President Richard Nixon was behind the attempt to sabotage the My Lai trials and cover up what was becoming a public-relations disaster for his administration.
There’s an interesting murder trial wrapping up at Fort Stewart in Georgia. From this local media report:
Closing arguments are set to begin at 8 A.M. [Thursday] in a Fort Stewart Court-Martial. Private Isaac Aguigui is charged with murder in the death of his wife, Sgt. Deirdre Aguigui and their unborn child back in July of 2011. Officials say his plan was to fund his anti-government militia group with the insurance money from her death. This is a court-martial by a judge, not a jury panel, so we’re not sure how quickly a verdict could come.
The Coast Guard Academy will conduct an Article 32 investigation in a sexual assault case involving two cadets. There are few details of the case beyond those in this local media report.
And in further Coast Guard news, this local media report discusses the resumption of trial proceedings in United States v. Bisel:
“The court-martial was originally scheduled to begin on July 30, 2013 but was postponed due to procedural issues,” officials wrote. “Petty Officer Bisel is charged with two violations of Article 120 of the Uniform Code of Military Justice, which involve sexual assault.”
I think calling the delay in this case the product of procedural issues is taking liberties with the facts. As I discussed in this post back in February, the issue in Bisel was that the trial counsel tried, but failed, to allege the offense of forcible rape, instead charging only the lesser offense of aggravated sexual contact. Rather than prefer an additional charge, the Government appealed the military judge’s ruling. The Coast Guard Court of Criminal Appeals found that it lacked jurisdiction to consider the appeal because the military judge didn’t actually dismiss anything (the requirement for such an appeal). So, the Government asked the court to order the judge to dismiss the charge, thereby creating jurisdiction for its appeal.
The Coast Guard Court, and then CAAF, declined.