CAAFlog » October 2018 Term » United States v. Briggs

Earlier this month – in an action noted here – SCOTUS remanded the case of Air Force Lieutenant Colonel Michael Briggs, who was convicted of rape in 2014 for an offense that allegedly occurred in 2005. We noted the conviction in this post. The Air Force CCA affirmed in 2016 (link to slip op.). CAAF summarily affirmed in May, 2017.

The Court remanded the case for CAAF to consider it in light of United States v. Mangahas, 77 M.J. 220 (C.A.A.F. Feb. 6, 2018) (CAAFlog case page), in which CAAF reinterpreted the statute of limitations for the offense of rape of an adult.

Yesterday CAAF issued an order agreeing to do that, and more:

No. 16-0711/AF. U.S. v. Michael J.D. Briggs. CCA 38730. On further consideration in light of the remand from the Supreme Court of the United States, it is ordered that the above-entitled case is granted review on the following issues:

I. DOES THE 2006 AMENDMENT TO ARTICLE 43, UCMJ, CLARIFYING THAT RAPE IS AN OFFENSE WITH NO STATUTE OF LIMITATIONS, APPLY RETROACTIVELY TO OFFENSES COMMITTED BEFORE ENACTMENT OF THE AMENDMENT BUT FOR WHICH THE THEN EXTANT STATUTE OF LIMITATIONS HAD NOT EXPIRED?

II. CAN APPELLANT SUCCESSFULLY RAISE A STATUTE OF LIMITATIONS DEFENSE FOR THE FIRST TIME ON APPEAL?

Briefs will be filed under Rule 25.

Back in June, SCOTUS found no problem with concurrent service of appellate military judges on both a Court of Criminal Appeals (CCAs) and the Court of Military Commission Review (CMCR), in Ortiz v. United States, 585 U.S. __, No. 16-1423 (CAAFlog case page).

There were many trailer cases, including 167 court-martial appeals combined under Abdirahman, et al. v. United States, No. 17-206. One of those 167 appeals involved Air Force Lieutenant Colonel Michael Briggs, who was convicted of rape in 2014 for an offense that allegedly occurred in 2005. We noted the conviction in this post. The Air Force CCA affirmed in 2016 (link to slip op.). CAAF summarily affirmed in May, 2017.

But then CAAF decided United States v. Mangahas, 77 M.J. 220 (C.A.A.F. Feb. 6, 2018) (CAAFlog case page), re-interpreting the statute of limitations for the offense of rape of an adult. Briggs promptly filed a supplemental brief (noted here) with SCOTUS seeing reversal on the separate basis that the military appellate courts should review his conviction in light of Mangahas.  The Solicitor General filed a response (noted here) that did not oppose remand to CAAF for that review.

In today’s order list, SCOTUS granted that review:

17-243 ABDIRAHMAN, LIBAN H. V. UNITED STATES

The petition for rehearing is granted. The order entered June 28, 2018, denying the petition for a writ of certiorari is vacated as to petitioner Michael Briggs. The petition for a writ of certiorari as to Michael Briggs is granted. The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Armed Forces for further consideration in light of United States v. Mangahas, 77 M. J. 220 (2018).

Amnesty International published a report (direct link to report) on Monday on civilian casualties in Afghanistan. This press release explains:

“Thousands of Afghans have been killed or injured by US forces since the invasion, but the victims and their families have little chance of redress. The US military justice system almost always fails to hold its soldiers accountable for unlawful killings and other abuses,” said Richard Bennett, Amnesty International’s Asia Pacific Director.

Corporal Robert Richards, who pleaded guilty to an orders violation and a violation of Article 134 in connection with the Afghanistan urination case, was found dead in his North Carolina home earlier this week. A report from Stars and Stripes is here.

In a report available here, McClatchy reporter Michael Doyle covers CAAF’s opinion in United States v. Davenport, No. 13-0573/AR, 73 M.J. 373 (C.A.A.F. Aug. 11, 2014) (CAAFlog case page).

Stars and Stripes reports here that:

An Air Force fighter pilot was convicted of rape last week, nine years after he committed the crime against a young airman.

Lt. Col. Michael J. Briggs, an F-16 pilot who was the 52nd Fighter Wing chief of safety at Spangdahlem Air Base, Germany, was convicted on Aug. 7, according to Air Force officials, after a weeklong court-martial before a military judge.

The judge sentenced Briggs, 40, to five months in jail, dismissal from the Air Force and a reprimand.

Finally, Stars and Stripes reprints a Colorado Springs Gazette article about allegations that cadet athletes at the Air Force Academy “flouted the sacred honor code by committing sexual assaults, taking drugs, cheating and engaging in other misconduct at wild parties while the service academy focused on winning bowl games and attracting money from alumni and private sources in recent years.”