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To: Pukin Dog
I believe you will find that the type of aggravated assault the government has charged does require proof of specific intent and an attempt to inflict physical injury. The government has not charged simple "offer" type assault. The government has overcharged LTC West, which I realize is a common prosecution tactic to force plea bargains, but IMHO should not be used by military prosecutors.

Plus, have you considered the statement made by the offer made not to prosecute at all if LTC West resigned short of his 20 years - not exactly confidence in a air tight case.

315 posted on 11/10/2003 6:03:23 PM PST by colorado tanker ("There are but two parties now, Traitors and Patriots")
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To: colorado tanker
Plus, have you considered the statement made by the offer made not to prosecute at all if LTC West resigned short of his 20 years - not exactly confidence in a air tight case.

I do not agree with respect to West being overcharged.

You should not listen to TV commentators with respect to offering not to charge West. This is common practice, to avoid taxing the limited resources of JAG staff, and to spare the Army from the publicity this case would generate. Col. West is responsible for making this a public matter. It has no bearing on whether or not they felt they could prove their case. I'll remind you again, that you should not compare JAG operations to civilian courts. You will find yourself to be wrong with respect to intent. But we will see soon enough.

316 posted on 11/10/2003 6:11:14 PM PST by Pukin Dog (Sans Reproache)
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