To: Gene Eric; jazusamo; RedRover
The Government could also decide to appoint a new convening authority to make an independent decision on whether to re-charge LtCol Chessani essentially starting over.This I fear, since it would probably create the longest delay.
To: smoothsailing; Gene Eric; RedRover
Yes, that would be a disaster for LtCol Chessani. I believe our best hope that doesn’t happen is the cost and the difficulty of finding enough people who haven’t been exposed to the case already should he be recharged.
123 posted on
03/18/2009 2:06:45 PM PDT by
jazusamo
(But there really is no free lunch, except in the world of political rhetoric,.: Thomas Sowell)
To: smoothsailing
From the PDF containing "Opinion of the Court":
"Unlawful command influence is 'the mortal enemy of military justice.' [US v Thomas (CMA 1986)]"
"And this court finds, and actually is convinced of one thing beyond a reasonable doubt, that a disinterested member of the public would harbor significant doubts as to the fairness of the proceedings against this accused and the military justice system as a whole if they knew that this accused's main interrogator was, during significant portions of this trial, prepare-not only prepared as a government witness but was seated at the side of the convening authority as a trusted legal adviser while prosecutors and subordinate legal advisers discussed the details of the accused's case and offered legal advise and strategy which could determine whether this accused would be prosecuted and, if so, how."
The opinion is worth reading.
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