Dr. Orly’s official website and PayPal: http://www.orlytaitzesq.com/ Or Dr. Orly’s blog: http://www.orlytaitzesq.com/blog1/“of course, one will be provided for her to shepherd her through the Article 32 investigation and beyond, but that JAG won’t help”
Maybe thin skin on my part, but I’d change that to “that JAG CAN’T help” in the civil action. My experience with Trial Defense Services (maybe a new name now) is that they’re very good, and very independent. As a former USAF Area Defense Counsel and Circuit Defense Counsel, I can attest that we were GLEEFULLY independent - and probably took a little more perverse pleasure in jacking the command chain around (appropriately) than we should have!
On substantive issues for this doc, I agree that she’s exposed to a number of UCMJ charges and specs, which will likely prevail at the trial court level if it goes that far. A good defense counsel will file an appropriate, and fully researched, motion to dismiss, but the judge won’t grant it in the 39a, he or she will let the appeals court deal with it. As is appropriate, if it’s going to have any precedential value.
From the morale/good order and discipline angle, I’m not sure how helpful it’ll be for those in the AOR already.
Colonel, USAFR
Dr. Orly’s official website and PayPal: http://www.orlytaitzesq.com/ Or Dr. Orly’s blog: http://www.orlytaitzesq.com/blog1/but the judge won’t grant it in the 39a, he or she will let the appeals court deal with it.
***Same BS, different court system. It looks like zer0bama’s strategy was well planned.
I agree that the case gets interesting once it's on appeal. Hamdan v. Rumsfeld proves that there are plenty of JAGs out there that aren't afraid to push the envelope in defense of their clients. I do think, however, irrespective of any unlikely success she might enjoy at the appellate level, I think her Article 86 spec is going to stick like glue even if she prevails in some of her other charges, which is unfortunate as that alone may be enough to cost her medical license.
In answering a prior question that was directed at me, I've taken a little heat with respect to the advice I would have given her. My advice would have been then, and would be now for this young officer to report for duty and to leave the presidential eligibility battle to others don't have quite as much to lose - like her liberty and livelihood.
In the short term, it will certainly cause more uncertainly.
But having a potentially ineligible CinC isn't exactly great for moral. Doesn't do much for "good order" if the top of the chain of command is actually empty. It would be much better if issue would be settled, whichever way it comes out. IMHO of course.