Audio of today’s oral arguments at CAAF is available on CAAF’s website at the following links:

United States v. Lewis, No.19-0109/AR (CAAFlog case page): Oral argument audio (wma)(mp3)

Hasan v. U.S. Army Court of Criminal Appeals, and United States, No. 19-0054/AR (CAAFlog case page): Oral argument audio (wma)(mp3)

The audio is also available on our oral argument audio podcast. (update: audio fixed)

4 Responses to “CAAF Argument Audio: Lewis & Hasan”

  1. Dwight Sullivan says:

    [Standard Disclaimer:  This comment is posted in my private capacity and shouldn’t be imputed to anyone else.]  Hasan at 29:27:  “Schrödinger’s court.”  Clever, but kind of dark.
     

  2. Vulture says:

    It’s charged rhetoric designed to avoid entanglement by saying the Defense hasn’t met the quantum of proof. 

  3. stewie says:

    I’d think he’s saying his client is both innocent and guilty at the same time.

  4. Vulture says:

    Given the tone and demographic of the Government Counsel, I’d say it’s a homage to a running joke on The Big Bang Theory.  As it turn out, Heisenburg used the Schrodinger’s cat model to ridicule those with an observer-centric basis in argument.  I’m with Dwight: it’s very clever.  There can be uncertainty, but that doesn’t favor the Defense.
     
    Nobody was looking at Barry in terms of the Deputy Judge Advocate General either.  So if CAAF is going to give the matter a pass on how gracefully can one say “I’m just a lowly Captain,” then it’s just another lack of leadership.

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