That is a damning characterization, and far different from the “potted plant” Gen Mattis made him out to be.
This entire thing is really odd.
Based on what he was saying, Judge Folsum has some brass ones, doesn’t he?
His summary that an impartial observer couldn’t help but consider this unfair and flawed is absolutely clear. But when he adds to that that this is something about which there is no reasonable doubt, one wonders how an appeals court can muster up the courage to over-rule this man.
He’s basically saying that this is so clear that you have to be an idiot to miss it.
But, he left the system an out. Someone else can start the entire process all over again.
I wonder if Ewer’s original investigation would be considered tainted in a new trial? I would argue that Ewers subsequent clear prejudice against Chessani would cast considerable doubt on the neutrality of his investigating.....especially since the Bargewell report found no murders and no coverup. It sounds like Ewers was a dissenting voice in that investigation.