More Manning Unlawful Pretrial Confinement Hearing Coverage
Feel free to disagree in comments, but the little snippet of the hearing in the Manning case reported widely was a Clinton-esque discussion of the meaning of the word “shall.”  See here (AP via FoxNews) and here (different AP story via Baltimore Sun). 

More on Jeh Johnson Resignation
NYT, here, and WaPo, here, both have coverage.

Questions About Detainee Polygraph Tests
From McClatchy via Miami Herald (here), comes a report that questions about the military’s polygraph program for detainees hare arisen. This story seems like a non-story. Polygraphs have always been inaccurate, that why any forum that really adjudicates won’t admit the results. But when operating in an environment like a battle field detention and needing to make quick decisions about detention, it would seem the polygraph is at least a data point to give decision makers some information. Maybe I’m wrong, I just don’t know.

Former Navy Cryptologist Arrested on Espionage Charges
From the Virginian Pilot, here:

A retired Navy cryptologist from Virginia Beach was arrested Thursday on a charge of trying to pass secret information to Russian agents.

Robert Patrick Hoffman II, a 20-year veteran who retired last year as a petty officer first class, was jailed pending a bond hearing Tuesday.

The charge of espionage or attempted espionage carries a maximum penalty of death, but the U.S. Attorney’s Office said the government would not seek it.

One Response to “Military Justice News for Friday, Dec. 7, 2012”

  1. Sgt Dad says:

    In Gunner Averhart’s lexicon, “shall” means “whenever,” methinks:

    Averhart said the regulation meant the prisoner should be removed from suicide watch “at a particular time to be determined.”
    “‘Shall’ does not mean, the way I perceive it, `immediately’, or `right now’,” he said.
    Coombs tried to pin him down: “Does that have a time limitation?”
    Averhart said the regulation allowed him to decide when the restrictions should be eased.