Bales Arraignment Tomorrow

Here is a link to the TN-T story on the SSGT Robert Bales arraignment tomorrow.  Additional coverage from Army Time here reporting that the capital court-martial for the alleged premeditated murder of 16 Afghan civilians may hear arguments on motions to prohibit SSGT Bales from presenting mental health evidence because Bales’ c0unsel has refused to allow him to submit to an RCM 706 mental health board.  From Army Times:

[Bales' defense counsel John Henry] Browne also said the judge has told attorneys on both sides to be ready to argue about whether the defense will be allowed to present any sort of mental-health defense, given that Bales has refused to participate in a “sanity board,” an Army review aimed at determining his mental state.

Browne had objected to the conditions for the sanity board, saying the Army would not let Bales have an attorney present and would not record the examination.

“The judge is trying to get us to deal with critical motions at the arraignment,” Browne said. “We need to slow this railroad down.”

Marine Court-Martial For Corpse Incident

Here is a Yahoo news story on proceedings in the court-martial of SSgt Edward Deptola.

Staff Sgt. Edward W. Deptola is accused of the desecration of remains and posing for unofficial photographs with human casualties. He also is accused of failing to properly supervise junior Marines and not reporting the misconduct.

Deptola and another Marine based at Camp LeJeune, N.C., were charged last year after video surfaced showing four Marines in full combat gear urinating on the bodies of three dead Afghans in July 2011. In the video, one of the Marines looked down at the bodies and quipped, “Have a good day, buddy.”

Staff Sgt. Joseph W. Chamblin pleaded guilty to similar charges last month. Chamblin was sentenced to 30 days confinement, reduced in rank, fined and ordered to forfeit part of his pay for six months. Three other Marines were given administrative punishments for their roles in the matter.

Bales Capital Referral
Many more reports on the Bales capital referral. Here (Reuters) and here (NPR Blog) are a few. The Reuters story has a quote from the defense counsel taking issue with the capital referral because their client has an “unspecified” mental health issue. This could be a result of the reporting, but if the mental health issue is unspecified how could the CA rely on that to avoid referring crimes that appear to the rest of us to be capital offenses? Here is a link to the charge sheet and CA announcement.

Sinclair Referral
The happiest guy on the planet about the Bales referral has got to be General Sinclair, whose own referral dropped to page 3 as a result of the Bales case. Here is some additional coverage at Navy Times.

Hits Keep on Coming in Sexual Assault Stats for Academies
AP reports (via Navy Times) here that a recent DoD report shows reported sexual assaults at the nation’s service academies up by 23% in 2012. Whether that is because of more reporting or more assaults is not known. The AP story says that most of the reports were the confidential variety that did not result in law enforcement action.

Here is the AP story via WaPo.  H/t GGH

Bales Case Analysis
AP (via Yahoo News), here, puts the SSGT Bales court-martial in the context of other war time murders allegedly perpetrated by US servicemembers. Coverage from yesterday’s hearing here (local) and here (CBS News).

General Allen Ensnared in Petraeus Investigation
Marine General John Allen, commander of ISAF forces in Afghanistan, and currently pending nomination as the SAC, is under investigation by the FBI and DoD IG reports CNN and others, here and here (WSJ).

Bales Art. 32 Continues with Defense Witnesses
Defense witnesses testified yesterday about their opinion of SSGT Robert Bales, NYT coverage here.  Additional coverage of the Afghan witnesses that testified from theTN-T (here).

Sinclair Hearing Continues with Reports of Nude Photos
Here and here are the coverage from Larry Flint. Okay, actually it is the always reliable Fayetteville Observer. But I won’t be surprised if Flint, Skinemax, or some other organization tried to make a movie out of this one.

Are all Military Members Immune from Torture Suits by US Citizens for Torture Overseas?
Maybe says the dissent in a 7th Circuit en banc case reports Reuters here. In an 8-3 decision the 7th Circuit sided with the USG (and 4th and DC Circuits) in finding that various high ranking officials could not be sued by two US private security contractor employees allegedly tortured in Iraq by US military personnel after they allegedly reported misconduct occurring in Iraq. Seventh Circuit decision here (h/t Lawfare).

PFC Manning Offers Partial Plea
Here is a CNET report on the hearing in the wiki[shhh] case. According to CNET Manning’s attorney discussed a potential partial plea offer. Additional coverage from the AP (via Baltimore Sun) here.  Mannings’s attorney has this to say on his website, noting that the plea is a naked plea without the benefit of a pre-trial agreement.

SGT Hurst Testifies in His Own Defense in PVT Chen Suicide Related Court-Martial

Here is the report from the Fayetteville Observer in the Hurst court-martial yesterday.  Hurst denied knowledge of many of the acts characterized as hazing by the prosecution.

The publisher of the Manual for Courts-Martial won’t change, see coverage here.

Charges are dismissed in the case of SGT Jeffrey Hurst, who is facing a court-martial related to the death of PVT Danny Chen. Coverage from the Ft. Bragg Patch here.

Much news on the continuing SSGT Robert Bales Art. 32, here (TN-T FOB Tacoma Blog), here (AP via St. Louis P-D), and here (Seattle Times) to link a few.

Continuing coverage of the BGEN Sinclair Art. 32 and testimony of his accuser fro AP (via WaPo) here.

The San Francisco Chronicle has coverage (here) of the Art. 32 for an AF Academy cadet accused of “sodomy,attempted sodomy and aggravated sexual conduct.” The Chronicle reports that “Daniels [a Cadet Second Class (junior)] is one of at least five cadets charged with sexual misconduct this year. One was convicted and sentenced to prison and another had charges dropped. The other three cases are still in the military court.”

Lots o’ military justice news, but not a lot o’ No Man time.  Alright, here we go.  The short, short version. (Do you? Yes. Do you? Yes. Good. You’re married. Kiss her!)

• SSGT Bales hearing updates:  Here (KING 5 News, the accused’s wife’s perspective), here (Seattle Times), here (LA Times).
• SGT Hurst court-martial in PVT Chen suicide:  Here and here (Fayetteville Observer).
• Brig. Gen. Jeffrey A. Sinclair Art. 32 hearing:  Here (Marine Corps Times) and here (ABC News)
• Lt. Col. James H. Wilkerson, former Aviano IG, sentenced in his court-martial:  Here (Air Force Times).
• MAJ Nidal Hasan and Ft. Hood shooting victims:  Here (Reuters, victims sue DoD) and here (AP via FoxNews).

Families of Victims of Ft. Hood Shootings Talk About Delays
As CAAF now reviews whether MAJ Hasan must shave his beard when standing trial for the Ft. Hood shooting spree, families are now 3 years out from the tragedy without any resolution. Reuters report here.

Bales Case Art. 32 Hearing
SSGT Robert Bales will face an Art. 32 hearing over the next 2 weeks at Joint Base Lewis McCord. Many reports on the facts behind the 16 premeditated murder charges and numerous other charges related to the shooting spree in Afghanistan, here (Chicago Tribune) and here (Seattle Times).

BGEN Sinclair to Face Hearing Today
Here is AP’s (via USAToday) version of the scant facts available about the Art. 32 hearing of former 82nd Airborne Deputy Commander BGEN Jeffrey Sinclair. Charges include forcible sodomy and possession of pornography in theater [corrected].

Bales Art. 32 Still Scheduled for Sep. 17, 2012

Accordings to the Gig Harbor Patch (here and here?) the Bales Art. 32 is still scheduled for Sep. 17th.  But it is not on the JBLM or Ft. Leavenworth dockets and Sep. 17th is the beginning of the JMJAT Conference.  So either the Bales convening authority is not following past precedenc=t in these high profile cases and is using an Art. 32 officer other than a military judge or the hearing has been moved (date or location).

“Navy Officer Losing Spanking Appeal”

Reports the Sydney Morning Herald.  Ok, so he’s an Australian officer.  But the headline sure is . . .

A former Navy Lieutenant Commander convicted of indecently spanking a junior female sailor has lost his appeal to the Federal Court.  Lieutenant John Alan Jones was found guilty in December last year of seven acts of indecency by a General Court Martial. . . . Other convictions were over incidents in which he told her to take off her pants, pulled down her underwear, made her lift up her top, and touched her bottom. . . .

Manning Court-Martial Access Writ to be Argued at CAAF on Oct. 10, 2012

From Politico, here:

The military’s highest appeals court has announced that it will hear oral arguments next month on a bid to allow the press and public direct access to records relating to the pending court martial of Pvt. Bradley Manning, the Army intelligence analyst accused of leaking hundreds of thousands of diplomatic cables and military reports to Wik[shhhh].

Will try to confirm it on the calendar, here.

According to this WaPo article, in addition to facing 16 specs of premeditated murder, Army Staff Sergeant Robert Bales now also faces charges that he used alcohol and steriods in Afghanistan.

Afghan Shootings/Bales Court-Martial

Here from CBS News is an article on the Bales case that highlights interesting cultural differences in the Afghan and US military justice/justice systems.

US Rule of Law Lessons in Iraq Fading?

A few stories about individual rights and rule of law in Iraq.

MAJ Hasan Court-Martial

On Wednesday counsel for MAJ Nidal Hasan pleaded for additional time and a government-paid forensic pathologist to review autopsy reports, says AP (via Yahoo News here).  The judge, COL Gregory Gross, granted the expert request, but wiuthheld ruling on the continuance.  The case, now 2 years and 5 months removed from the shootings at Ft. Hood, has been previously delayed at the defense’s request, see here.

Bales Case – More on SSGT Bales and his family’s financial troubles, here (Seattle Times).  Maybe a theme at trial could be to blame the financial crisis?

Russell Fragging Case – SSGT John Russell court-martial continues to be bogged down in mental health of the accused issues.  This AP (via Yahoo News, here) report says that his lawyers have recently asked the military judge to order additional psychiatric care for the accused.  It also notes that, “A military judge recommended that Russell not face the death penalty for the charges. A final determination is pending with Army authorities [presumably the convening authority] at Lewis-McChord.”  Prior coverage of SSGT Russell’s charges in the shooting deaths of 5 US soldiers and a Navy officer here and here.

USS NEW YORK – This is just a feel good story from the Virginian-Pilot (here):

A Navy warship built with steel salvaged from the wreckage of the World Trade Center left Norfolk on Tuesday on its maiden overseas deployment.

. . . .

Cmdr. Will Herrmann, commanding officer of the New York, is a native of Long Island – and nephew of a New York City firefighter. He said the ship represents everything the nation has overcome since the 9/11 attacks. Its bow incorporates more than 7 tons of steel taken from the rubble of the twin towers.

Tea Party Marine Ad Sep – Sgt. Gary Stein, the Marine political activist we discussed here, faces an ad sep board this Saturday morning, says the  San Diego Union Tribune, here.  Prior coverage of Stein’s Tea Party/Anti-Pres. Obama Facebook page here.

USS COLE Bomber Commission Hearing – Miami Herald coverage here of the upcoming testimony in the COLE bomber military commission hearing, which will likely be closed.  Carol Rosenburg reports that:

Defense lawyers write in a motion unsealed Monday that they’ll call Abd al Rahim al Nashiri, 47, as a witness to describe the trauma of his CIA interrogations in their bid to win a court order that he be unshackled during prison camp meetings with his attorneys.

. . . .

Declassified abuse investigations show that, while Nashiri was shackled, CIA agents waterboarded him, racked a semi-automatic handgun near his head and used a power drill to frighten him in 2002 and 2003.

I-Law Geek Corner – And speaking of secrecy, this from the head of NSA and CYBERWAR Commander, from the Washington Post, here:

Cyberattacks on enemy computer systems should require presidential authority — and not be launched at the discretion of individual military commanders — the nation’s top cyberwarrior told Congress on Tuesday.

I-law geeks feel free to talk amongst yourselves in the comments about jus ad bellum, orange juice, and who’s got the juice.  The MilJus geeks will leave you alone.

Media thrist for all things related to SSGT Bales’ alleged murder of 17 Afghan civilians is insatiable.  Here are a few:

• Family’s financial condition here (Tacoma News-Tribune)
• Review of chain of command regarding why SSGT Bales was allegedly able leave base twice to commit the crimes here (AP via FoxNews)
• Clarifying one of the victims was not an unborn fetus, which would be permitted under Art. 118, here (MSNBC)
• More on the identity, or lack thereof, of the 17th victim here (CNN)
•  Matt Lauer’s interview of SSGT Bales’ wife on the Today Show is available after the break, here: Read more »

Here is an AP report (via Stars and Stripes) on the charges served today on SSGT Bales for the shooting deaths of 17 Afghan civilians and attempted murder of 6 others.  NYT coverage here.  Will try to update with a copy of the charge sheet when it is available.

[Update]  USFOR-A press release here.