At Ft. Hood the capital court-martial of MAJ Nodal Hasan begins. WaPo coverage here.
The PFC Manning sentencing continues, WaPo coverage here, with evidence of the harm/potential harm to national security caused by the offenses:
A senior U.S. official told a military court Monday that while he believed the leaking of a huge number of classified cables by Army Pfc. Bradley Manning had a chilling effect on diplomatic relations, the State Department never completed a formal damage assessment.
On Tuesday, Judge Denise Lind ruled on multiplicity for sentencing motions and reduced Manning’s potential maximum sentence to 90 years, ABC News report here.
Coverge of the Hutchins case out of San Diego and his release fromLeavenworth after winning at CAAF, San Diego Union Tribune here and LA Times here.
Members selection in the sexual assault case of BG Jeffrey Sinclair continues this week. See FayObs here.
Former Marine JA and Deputy Asst SecDef for Detainee Affairs Willaim Lietzau has some candid comments on Gitmo in the Daily Mail, here.
1LT Clint Lorance faces a general-court martial for the alleged murder and unlawful targeting of Afghan civilians reports the Fayetteville Observer , here. The first day of testimony in the case included several soldier’s testimony that they disagreed with their platoon leaders orders to shoot at the two civilians that were killed and other targets.
Sentencing coverage in the Manning case, here (WaPo), here (Reuters), and here (AP via the Boston Globe).
Here is a link to an unofficial transcript of today’s verdict with all the specific findings. A few more exceptions and substitutions than reported in the media, but not much divergence from the charges.
Here is the official verdict form from the FOIA Reading Room, AE 624.
Judge Lind found PFC Bradley Manning not guilty of the aiding the enemy charge and specification, but guilty of many of the Espionage Act charges and other charges. Here is one reporter’s account (linked to these Tweets) of the verdicts as they came, the first “charges” are actually the “Additional Charges.”
Every media outlet’s military justice coverage is focused on the announcement of the verdict in the PFC Bradley Manning court-martial. Judge Lind announced yesterday that her decision will be made today. Coverage from various folks here (CNN), here (AP via WaPo), and here (NBC News).
But another case more than three years in the making gets under way soon as well. The MAJ Nidal Hasan court-martial at Ft. Hood begins Aug. 6, 2013 reports the Dallas Morning News in this what to expect from the trial preview.
The armed services have agreed to re-open 31 sexual assault cases after the DoD IGv found flaws in the investigation of those cases by the defense criminal investigative services. USAToday report here.
The Fayetteville Observer reports here that panel selection begins today in the BGEN Jeffrey Sinclair court-martial. Opening arguments are scheduled for Sep 30.
The Major Nidal Hasan court-martial panel selection is dealing with consideration of the death penalty reports AP (via Army Times), here and the Austin American Statesman here.
AP via WaPo reports here on the defense motion to dismiss in the PFC Manning court-martial.
The National Review has this piece on Pres. Obama’s comments on sentences in sexual assault cases.
AP (via WaPo) here, reports that BGEN Jeffrey Sinclair’s court-martial will likely be delayed after the military judge in the case agreed with defense attorneys that finding an imartial court-martial panel could be difficult. Panel selection begins next week.
The defense has rested in the PFC Bradley Manning court-martial, report from UPI here, and to the sadness of I
Panel selection continues in the MAJ Nodal Hasan court-martial at Ft. Hood. Ft. Hood press release here and coverage here from AP via the Austin American-Statesman of the Fifth Circuit’s denial of access to FISA evidence relating to Hasan. More coverage of panel selection from the San Antonio News Express here.
Lost as 3 high profile c-m dominate the news is the firing of Ft. Jackson commander BGEN Bryan Roberts for misconduct, Seattle P-I report here. Prior coverage of the investigationthat led to his relief here.
The Marine Times reports that Congressman Walter Jones of North Carolina sent this letter to the DoD Inspector General inquiring about the status of the investigation into the “allegations the Marine Corps commandant and his legal advisers manipulated criminal cases stemming from a vulgar war-zone video.”
The Marine Times also reports that the Government has petitioned CAAF for reconsideration in the case of United States v. Hutchins.
The Voice of America reports on panel selection in the Hasan trial at Fort Hood.
Reuters reports that the Defense has rested its case in the Manning trial. Also, The Guardian laments the lack of contemporaneous public access to the case documents (see also Center for Constitutional Rights, et al. v. United States and Colonel Lind).
And U.S. News & World Report printed another item written by Senator Gillibrand of New York about the issue of sexual assault in the military. She writes:
… listen to the military leadership. Gen. James Amos, Commandant of the Marine Corps, said in a speech earlier this year, “Why wouldn’t female Marines come forward? Because they don’t trust us. They don’t trust the command. They don’t trust the leadership.”
It has become crystal clear that victims have no confidence that justice can be obtained within the chain of command. According to the Pentagon, half of female victims do not report because they do not believe anything will come of it. This lack of faith in the system, and systemic fear of retaliation and retribution, has a chilling effect on reporting, which leaves offenders free to attack again without consequence.
Judge Osborn is reviewing voir dire questions submitted by MAJ Hasan in his own defense reports AP here (via Philly Inquirer). Notable form the story:
Osborn also refused Hasan’s request for a delay to hire an attorney. Hasan said Ramsey Clark – who served as U.S. attorney general under President Lyndon Johnson and as a lawyer for the dictators Saddam Hussein and Slobodan Milosevic – offered to represent him after hearing about his proposed “defense of others” strategy.
Is it just me or is it notable that both high profile Army cases are being tried before female military judges?
Judge Lind hears from the defense today. WaPo report on yesterday’s proceedings here.
And in Gitmo news, the 9/11 conspirators trials may be getting a nudge, see AP via Yahoo News here. Prosecutors are asking to set a schedule for pre-trial procedures and a September 2014 trial date.
Here is The Guardian’s report on today’s events, including the end of the government’s case.
WaPo reports, here, that former Vice Chair of the JCS, General James Cartwright is potentially a target of a DOJ investigation into the leak of classified invformation about the Israeli-US operation that led to the Stuxnet virus that destroyed Iranian cerntrifuges and set back Iran’s nuclear program.
More updates on Air Force MTI cases, via Air Force Times here, an acquittal on aggravated sexual assault but conviction on lesser charges nets two years and another MTI goes to a special court-martial over inappropriate relationships.
SecDef Hagel met with the Sexual Assault Response Systems Review Panel yesterday, report from The Hill here and Armed Forces Press here. The Panel was created by Sec. 576(a) of the National Defense Authorization Act for Fiscal Year 2013, see prior coverage here.
PFC Manning’s court-martial for disclosing classified materials to Wiki[shhh] continues with testimony that at least some of the released materials did actually contain classified material. See AP report here (via Yahoo News).
The dying words of a victim in the Ft. Hood shootings may be admitted at trial ruled Army Judge Tara Osborn in the MAJ Nidal Hasan case. Reuters report here. Opening statements in the case, in which Hasan is representing himself, could begin in early August. Voir dire begins on July 9, 2013.
So wonders Reuters, reporting on the ongoing trial of Private Manning:
Judge Colonel Denise Lind was left to wrestle with this question when the court-martial of Private First Class Bradley Manning, who is accused of the largest leak of classified material in U.S. history, last convened a week ago.
Manning’s attorneys had argued that Twitter postings offered by prosecutors did not meet evidence standards.
A familiar name offers some persuasive authority on the subject:
“It’s generally … not enough to offer a printout of a Tweet. Usually you need more than that because it’s so easy to manufacture that kind of stuff,” said Stephen Saltzburg, a law professor at George Washington University.
And there’s this:
Facebook itself has a site – Law Enforcement Online Requests – for police seeking account records.
Here is US District Judge Ellen Lipton Hollander’s opinion in the CCR case. From the “Conclusion” section of the opinion denying CCR’s request for a preliminary injunction:
In sum, as to certain aspects of plaintiffs’ claims, I do not find that there is a substantial likelihood of success on the merits. And, in light of the actions taken by defendants after this case was filed—to release documents, to commit to expedited release of documents going forward, and to permit unofficial transcription of proceedings by privately retained stenographers—I do not see a substantial likelihood of irreparable harm in the absence of a preliminary injunction. Under these circumstances, the balance of the equities and the public interest do not favor granting a preliminary injunction.
In considering the equities of the case and the public interest, I am mindful of the keen public interest in the court-martial, the right of public access to such proceedings, as well as the extraordinary nature of the relief plaintiffs seek. They ask this Court to intervene collaterally in an ongoing court-martial and issue dictates to the military judge conducting the proceedings, in regard to the management of public disclosures. In light of the measures that defendants have taken to provide the press and the public with access to the ongoing court-martial proceedings, such preliminary, equitable relief is not warranted here. Therefore, plaintiffs’ motion for preliminary injunction is denied by the Order that accompanies this Memorandum.
CCR v. Lind, No. 1:13-cv-01504-ELH, slip op. at 41-42 (D.Md. Jun. 19, 2013). H/t EF
The Manning case will take a hiatus from testimony as Judge Lind hears oral arguments on evidentiary issues today and the government and defense negotiate witness statements for witnesses that are unable to appear. Coverage from AP (via WaPo) here.
Arguments in the CCR lawsuit in D.Md. district court were held yesterday, AP (via ABC News) reports here. It would appear that the Army’s proposed 2 day turn around time on documents from the case will satisfy the district court. Now why can’t the Army do that in all courts-martial?
Here’s a headline I couldn’t have predicted “Pending Hasan trial having positive economic impact,” see Temple Daily Telegram here (subscription required).
Though a little dated, a San Antonio based Air Force recruiter, TSGT Jaime Rodriguez, was sentenced to 27 years in the brig for aggravated sexual assault and other charges stemming from contact with recuruits and potential recruits. Texas Public Radio report here and AF Times report here.
Three Naval Academy football players are going to face an Art. 32 hearing for sexual assault charges stemming from an incident last year. USAToday reports here that the investigation of the case was re-opened after the alleged victim retained a lawyer, Susan Burke, and cooperated with investigators. The report states that “that one of the accused football players told the victim not to cooperate with NCIS and that the academy closed the investigation in 2012, citing the victim’s unwillingness to cooperate as the reason.”