Well, it's about time, Red! Here's the latest from CAAFlog,
NMCCA issues Chessani opinion and
Chessani: this took 9 months? . From the second article,
"Chessani is a strange little opinion. It's a unanimous unpublished opinion from a three-judge panel in an Article 62 case, which a CCA is statutorily required to expedite. It's hard to understand how it could have taken nine months from the government's appeal to the issuance of this opinion.
NMCCA first determines that the defense made a sufficient case to shift the burden to the government to demonstrate lack of unlawful command influence. In the key portion of its opinion, NMCCA then reasoned:..........
[Read More at CAAFlog..........]
"The opinion proceeds as if its ultimate destination is a total affirmance of the military judge's ruling, but then sharply veers off course near the end. Without providing any supporting explanation or analysis, NMCCA announces: "
We further conclude that the military judge's disqualification of Joint Forces Command organization, except to the extent that it involves Gen Mattis in his individual capacity, is not supported by factual findings in the record, and therefore is an abuse of discretion.
"The very next sentence states, "For the foregoing reasons, the Government's interlocutory appeal is denied." Huh? If NMCCA reversed part of the military judge's remedy, as it did in the preceding sentence, then isn't the government's appeal necessarily granted in part? Shouldn't the decretal paragraph have read that the appeal was denied in part and granted in part?
Having devoted nine months for the marginal benefit of undisqualifying Joint Forces Command members other than General Mattis, will the government finally get on with the merits of the Chessani case or is there a petition for en banc rehearing or certification in its future?" .....
[Read More at CAAFlog]
---------Seems the appeals court agreed with everything Judge Folsom found for UCI, except that Joint Forces Command (other than Gen. Mattis and his SJA's) CAN rehear a new case if it is pursued further.
Hiya, Girl! How’s your good self? Hope you and the Boyene had green beer with your corn beef and cabbage in honor of the Auld Sod.
Thanks for those links. Wonder if Brian Rooney and the rest of the TMLA gang are as puzzled as the rest of us? If I hear anything interesting, I’ll spill the beans. You know me—Mr Chatterbox.
I just got to that part, and took it to mean that the judge can't step beyond the bounds of the case; that his ruling of UCI didn't neccesarily apply to all comers - it's not immunity against the entire Joint Forces Command, just pretty much everyone of record so far.
I think to further pursue Lt. Col Chessani, everyone involved in the investigations/prosecutions would have to recuse themselves as they never got rid of the taint.
Stretching things out a little farther, what evidence and which prosecuters are they going to use on Ssgt Wuterich?
Ewers tainted both the evidence and anyone he discussed it with, and that asshole went on TV.