This Court Martial will as a minimum advance to an Article 32 investigative hearing. Sec Def Rumsfield is the commander of the Convening Authority, and as such could direct that commander to conclude a Court Martial is inappropriate. This would be highly unusual, but not impossible.
One of the better articles on this fiasco is in the 31 Oct 03 Washington Times: Colonel in Iraq refuses to resign. Colonel West's attorney, Neal Puckett, suggests the Article 32 investigative hearing scheduled for Nov. 10 in Kirkuk, was approved by Maj. General Raymond Odierno, Commander 4th Infantry Division.
Suggestion that his career is over is bunk. His opportunity for advancement is trashed, but unless he volunteers to separate, Lt Col West has no obligation to leave until several more (28 total) years of service. In fact, he would continue to receive significant pay raises (and improved retirement pay) through his 24th year as.
Oh, I bet we can find something better than that for him if he is forced out....
allen.west@us.army.mil