[PARENTAL ADVISORY: Explicit Blogging]
Well it shouldn’t have taken much to figure what our #1 story for 2011 would be if you were playing along at home. Our two top post topics during the year were (1) the elements test and (2) the UCMJ definition of sex crimes. Really now, did you think this would come out any other way?
But the lowest common denominator was not the organizing principle that got the military justice system into the mess that became United States v. Prather and the new, new Art 120, UCMJ. Rather, much like the judges at CAAF, none of us has been able to figure out the organizing principle of the new Art 120. Thus we spent the better part of 2010 and 2011 unraveling that statute which I can best describe as resembling my Christmas lights when they first come out of storage each year–a tangled mess with no hope for untangling so I just go buy new ones each year.
And, in fact, Congress obliged at the end of 2011 and did buy us the new, new Art 120, UCMJ. And thank Congress we must, because these developments have led to enlightened discussions of such wonderful topics as bestiality, digital penetration of the anus, and other crowd favorites. Votes for any other top story would be like first place votes in the next BCS poll for LSU. But we’ll probably see some of those much like we heard the Fosler crowd thumping the Chief Judge Baker sea change drum (or is it the “sky is falling” drum?) for the one accused that received Fosler relief this year.
I could spend hours on sex, crimes, and the UCMJ, but I must agree that it is time to get back to more enlightened discussions of worthwhile topics like how a civilian can be “in the field” while listening to Iron Maiden at Camp Victory before attempting to take the daily stateside flight home?