In the justice delayed category we have this report from Marine Corps Times about unresolved alleged miclsconduct by the Marine Corps head of the Joint Non-Lethal Weapons Directorate in Quantico, Va. Apparently this misconduct came to light in March 2013 and resulted in Col. Tracy Tafolla’s removal as commander of the directorate. But no action has been taken since that time. The actions fall into the gray area between sexual harassment and sexual assault. But if Colonel Taffola was Staff Sergeant Taffola, I think the chances are high there would already be preferred charges. Whether that’s the right result or not is a different question and one you can’t answer without more facts. Update: A commenter noted that at the end of the article the Marine Corps spokesman stated that NJP proceedings are not released to the public (which is actually not true, the services release that info when it suits their needs): “It’s possible, though, that he will receive nonjudicial punishment as a result of the accusations, or that he has already accepted an NJP. Runyon said that because NJP proceedings are not open to the public, he could not release any information about that process.” So justice may not be delayed as NJP may have been imposed. So there you go, maybe justice has not been delayed and this O-6 has received NJP for this conduct.
This only begs questions such as: What (if any) procedures are in place to minimize the acquisition, retention and dissemination of privileged attorney-client communications when military prosecutors orchestrate a search of military defense counsel workspaces? Further, what safeguards exist to protect innumerable other attorney-client communication mediums that are routinely monitored (such as government computers that explicitly warn of monitoring at every log-in) from prosecution quests for evidence? Additionally, do commanders balance the need to protect the existence (never mind the public image) of the attorney-client privilege in the military against prosecution-driven search requests?
Finally, Ms Watson reports that Major Hatch told the military judge that this was a last resort. Was there really no other way?
Notably, Ms Watson’s report alludes to what’s at stake:
The findings of the May 2 search were revealed Thursday during a motions hearing for Lance Cpl. Eric Salinas, a defendant in a hazing case who wants to sever his relationship with his Camp Pendleton lawyers because of the search. He told the judge he wants to be represented by attorneys outside the base.
His defense lawyers went one step further and asked the judge to throw out the charges against him if he cannot get a fair trial because of the raid.