BREAKING NEWS: Senator Feinstein trying to have S. 357 accepted as an Amendment to the Military Construction and Veterans Affairs Appropriation Bill

Senator Dianne Feinstein (D-Calif) is attempting to get the Equal Justice for United States Military Personnel Act, S. 357, placed as an amendment into the FY 2010 Military Construction and Veterans Affairs Appropriation Bill, H.R. 3082, which is now currently being debated on the U.S. Senate floor.

This morning I received an email from Senator Feinstein's counsel informing me.

This week in Congress (9 Nov 2009) . . .

The following legislative activities, which affect U.S. servicemembers and veterans or concern military justice issues, are occurring this week in the U.S. Congress:

No military justice or veterans matters will be heard by Congressional committees this week.
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For this week in military justice go to CAAFlog here.

This week in Parliament, Courts and Tribunals (9 Nov 2009) . . .

The following legislative activities, which affect Australian servicemembers and veterans or concern military justice issues, are occurring this week in the Parliament of Australia:

The House and Senate next sit on 16 November 2009.

The following is going on this week in Parliamentary Committees:

Monday, 9 November 2009

Joint House-Senate Public Works Committee, Inquiry into the Proposed Construction and Renovation of Housing for Defence at Larrakeyah Barracks, Darwin, Northern Territory, 1030 hours, Parliament House, The Dining Room, Mitchell Street, Darwin, NT. Submission can be found here.

The following military justice and veterans cases are occurring this week:

High Court of Australia

The High Court is sitting in Canberra this week but there are no cases that involve military justice or veterans issues being argued.

Federal Court of Australia (Full Court)

There are no military justice or veterans cases being argued this week.

Defence Force Discipline Appeal Tribunal

The Tribunal next sits on 10 December 2009.

Veterans' Review Board

For a full list of this week's cases in Brisbane, Canberra, Melbourne, Perth and Sydney go here.

November = less frequent blogging month

For both Nick and I, free time to blog this month has been chock-a-block and that is likely to continue for the rest of November. I've been very busy in Australia with the RSL and also in the United States lobbying for the passage of H.R. 569. Nick is studying for law school finals. Thus there will be less blogging this month. We expect a return to the normal blogging frequency in December.

We will continue our weekly posts of This week in Parliament; and This week in Congress despite our busy schedules.

This week in Congress (2 Nov 2009) . . .

The following legislative activities, which affect U.S. servicemembers and veterans or concern military justice issues, are occurring this week in the U.S. Congress:

Thursday, 5 November 2009

Senate Committee on Veterans Affairs, VA and Indian Health Service Cooperation, 1000 hours, 418 Russell Senate Office Building.
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For this week in military justice go to CAAFlog here.

This week in Parliament, Courts and Tribunals (2 November 2009) . . .

The following legislative activities, which affect Australian servicemembers and veterans or concern military justice issues, are occurring this week in the Parliament of Australia:

The House and Senate next sit on 16 November 2009.

The following is going on this week in Parliamentary Committees:

Wednesday, 4 November 2009

Joint House-Senate Public Works Committee, Inquiry into Enhanced Land Force Stage 2 Facilities, 1315 hours, Gaythorne RSL, 534 Samford Rd., Mitchelton, QLD. (The hearing will be on the Gallipoli Barracks, Enoggera, Queensland and other Defence bases and training areas around Australia.)

The following military justice and veterans cases are occurring this week:

High Court of Australia

The High Court is sitting in Canberra this week but there are no cases that involve military justice or veterans issues being argued.

Federal Court of Australia (Full Court)

There are no military justice or veterans cases being argued this week.

Defence Force Discipline Appeal Tribunal

The Tribunal next sits on 10 December 2009.

Veterans' Review Board

For a full list of this week's cases in Brisbane, Canberra, Melbourne, Perth and Sydney go here.

This week in Congress (26 Oct 2009) . . .

The following legislative activities, which affect U.S. servicemembers and veterans or concern military justice issues, are occurring this week in the U.S. Congress:

Wednesday, 28 October 2009

House Committee on Veterans Affairs, Markup of Pending Legislation (it's not clear which pending legislation will receive the markup), 1000 hours, 340 Cannon House Office Building. The hearing will be web cast live here.
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For this week in military justice go to CAAFlog here.

This week in Parliament, Courts and Tribunals (26 October 2009) . . .

The following legislative activities, which affect Australian servicemembers and veterans or concern military justice issues, are occurring this week in the Parliament of Australia:

Both the House and Senate are sitting this week.

The following is going on this week in Parliamentary Committees:

Tuesday, 27 October 2009

Senate Legal and Constitutional Affairs References Committee, hearing on Access to Justice, 1600 - 2200 hours, Committee Room 2S1, Parliament House. [It will be web cast live here.]

The following military justice and veterans cases are occurring this week:

High Court of Australia

High Court next sits in Canberra on 3 November 2009.

Federal Court of Australia (Full Court)

There are no military justice or veterans cases being argued this week.

Defence Force Discipline Appeal Tribunal

The Tribunal was scheduled to sit on 29 and 30 October 2009; however, there are no cases that will be argued this week according to an email received by the Deputy Registrar of the Tribunal. The next sitting will be on 10 and 11 December 2009.

Veterans' Review Board

For a full list of this week's cases in Brisbane, Canberra, Melbourne, Perth and Sydney go here.

Senator Johnston: Australian Navy went overboard on sex betting book allegations

Today the The Sydney Morning Herald is reporting here that the Royal Australian Navy knew within days that claims of sailors on board the HMAS Success having a sex betting book and competitions were false but didn't inform the public and media.

Yesterday Senator David Johnston (Liberal - WA), the Shadow Minister for Defence, issued a press release, which can be found here, said "there is absolutely no grounds, no truth in these claims and yet Mr. Rudd and Ms. Gillard as well as the Chief of Navy dammed these sailors as guilty before proven innocent by remarking on the case in the media."

Today Senator Johnston plans to persue the matter with the Chief of the Australian Defence Force Angus Houston duing the Senate Estimates hearing. "These men love being in the Navy and they love their jobs and this whole sorry business has illustrated that Defence has a long way to go in the administration of military justice," said Senator Johnston.

The RAN has yet to make a comment regarding the accusations made by Senator Johnston. This blog has previously discussed the sex betting allegations here and here.

Royal Australian Air Force takes action on special forces disability allowance

Today the Royal Australian Air Force announced it was taking action to resolve the Special Forces Disability Allowance ("SFDA") issue as quickly as possible. Recently, business rules guiding how the SFDA would be applied were still under development and some confusion at a number of levels as to actual entitlements led to incorrect application of the SDFA to Squadron Special Tactics Flight personnel.

Shadow Minister for Defence Science, Personnel and Assisting Shadow Minister for Defence Bob Baldwin, MP (Liberal - Patterson, NSW) issued a press release, which can be found here.

"ADF personnel do not want, and certainly don't deserve, another Minister who follows in the footsteps of the former Minister of Defence, Joel Fitzgibbon," said Baldwin. "I want to know how much each member of 4 Squadron RAAF is owed, I want to know when they will be payed and I want to know why such a situation has been allowed to develop once more," Badwin said.

Chief of Air Force, Air Marshal Mark Binskin, has directed resolution of the SFDA payment be undertaken as a priority. For further information the RAAF has issued a press release here.

Commanding Officers to inform Chiefs on results of retirement board

Back in August I discussed the U.S. Navy's retirement board here - which is the first time in more than a decade the Navy has convened such a board. Today the Navy Times reports here that nearly 6,000 Navy chief, senior chiefs and master chiefs will find out this week whether they're in or out. The military newspaper also indicates that the Navy will not release the names of those chiefs who are forced to retire.

Cox Commission II Report on American military justice system released

Today the Cox Commission II Report was released. It can be found here.

There are seven recommendations: (1) Expand appeals to the Courts of Criminal Appeals ("CCA") and the Court of Appeals for the Armed Forces ("CAAF") to make appellate review a matter of right; (2) Enact the Equal Justice for Our Military Act of 2009, H.R. 569; (3) Permitting accused to waive their appellate rights in pre-trial agreements; (4) Improvement in access for defense for expert assistance during case investigation and traial; (5) Prohibit prosecutors from attacking the credentials of an expert witness if the government provided that specific expert to the defense as an adequate substantite for an expert requested by the defense; (6) require military law enforcement agencies to videotape custodial interrogations; and (7) repeal Uniform Code of Military Justice article 125 (10 U.S.C. 925)

Over on CAAFlog, Dwight Sullivan discusses the report here, and Mike "No Man" Navarre posts here.

I do applaud the Cox Commission II especially for recommendations (1), (2) and (7). However, I tend to agree with Mr. Navarre's post, in that I was expecting more given all the hype.

After reading the entire report and the appendix items, I'm left wanting more; especially on whether or not to eliminate the CCAs; whether or not to elevate CAAF to an Article III court and it sitting in panels as all other Federal Courts of Appeal; the equal protections issue of servicemembers being tried by military judges in the Navy, Marine Corps and Air Force who do not have fixed terms of office whilst the Army and Coast Guard appoint their military trial and appellate judges to fixed terms of office; the increased trend in use of Correctional Custody Units in non-judicial punishments; and unlawful command influence within the military justice system and whether or not to give prosecutors more discretion as opposed to the convening authorities.

Ideally the House or Senate Armed Services Committees should be conducting a comprehensive review on the entire UCMJ. Congress has not done a comprehensive review since 1983/84 - more than 25 years ago. Alternatively, Congress should appoint a Congressionally sanctioned commission with the ability to take sworn testimony and give it subpoena power. Given the past patterns of lawmakers in Congress I do not believe any of that will happen.

Then again does the average American civilian citizen really care about how we treat our troops?

New blogger added to Equal Justice for Troops blog

Today Equal Justice for Troops blog has added a new blogger: Nick Wiesener, who is an Australian Army veteran and is presently in law school. He will be blogging on issues related to Australian military justice and veterans matters. Nick lives in Sydney (Bondi Beach) and is from Orange, New South Wales. He is also a member of the Returned & Services League of Australia at North Bondi RSL Sub-Branch (Tobruk House).

The blog welcomes Nick!

Sexual abuser of Army cadet was already on parole; former cadet now wants other victims to come forward

The Sydney Morning Herald reports here today that Andrew Dean McIntosh, a former volunteer officer of cadets at Barker College, a private school in Hornsby which is on Sydney's north shore, sexually assaulted a boy cadet at a camp whilst still on parole for similar offences.

The college's solicitor, Tunc Ozen, told Judge Michael Finnane that the school didn't know of the previous conviction and his parole status because at the time schools had not been legally required to carry out criminal background checks on employees.

The victim, who is now 34, is seeking other victims to come forward.

My thoughts on this:

Even though this took place prior to the criminal background check requirement, one has to ask why he was still permitted to work with children upon his conviction for similar offences? That should have most certainly been a condition of his parole. And why hadn't the parole officer been checking up on him? Seems like a flaw in the legal system to me.

The Attorney General of New South Wales should take a hard look at this case. We need to protect our children from this predatory behaviour.

Queen to consider posthumous pardon for Breaker Morant and two others for incident during the Boer War more than 100 years ago

Today The Age reports here that an independent legal review of the cases of Army Lieutenants Harry Harbord "Breaker" Morant, Peter Handcock and George Ramsdale Witton casts serious doubt on the fairness of their court-martial convictions. The review found their court-martial unsafe and unjust. Navy Commander James Unkles, who is an experienced prosecutor, found at least 10 legal grounds to justify a pardon.

This week in Congress (19 October 2009) . . .

The following legislative activities, which affect U.S. servicemembers and veterans or concern military justice issues, are occurring this week in the U.S. Congress:

Wednesday, 21 October 2009

Senate Committee on Veterans' Affairs, Hearing on Pending Legislation (it's not clear on exactly what pending legislation), 0930 hours, 418 Russell.

House Committee on Veterans Affairs, Subcommittee on Disability Assistance and Memorial Affairs, markup on H.R. 761 - Interment in National Cemeteries of Parents of Certain Deceased Veterans H.R. 3485 - Veterans Pensions Protection Act and Pending Legislation, 1000 hours, 340 Cannon House Office Building. (Here is a link on Thomas for H.R. 761 and H.R. 3485) The hearing will be web cast live here.

Thursday, 22 October 2009

House Committee on Veterans Affairs, Subcommittee on Health, markup on H.R. 2504 - Increase in Amount Authorized to be Appropriated for Comprehensive Service Programs for Homeless Veterans, H.R. 2559 - Help Our Homeless Veterans Act, H.R. 2735 - To Make Certain Improvements to the Comprehensive Service Programs for Homeless Veterans, H.R. 3796 - Improve Per Diem Grant Payments for Organizations Assisting Homeless Veterans, H.R. 3073 - Direct Secretary of Veterans Affairs Establish A Grant to Provide Assistance to Veterans Who Are At Risk of Becoming Homeless, and Pending Legislation, 1000 hours, 334 Cannon House Office Building. (Here is a link on Thomas for H.R. 2504, H.R. 2559, H.R. 2735, H.R. 3796, and H.R. 3073.) The hearing will be web cast live here.

For this week in military justice go to CAAFlog here.

This week in Parliament, Courts and Tribunals (19 October 2009) . . .

[UPDATED] The following legislative activities, which affect Australian servicemembers and veterans or concern military justice issues, are occurring this week in the Parliament of Australia:

The House is in session this week. However, the Senate will next meet on 26 October 2009.

The following is going on this week in Parliamentary Committees:

Wednesday, 21 October 2009

Senate Foreign Affairs, Defence and Trade Committee, 2009-10 Supplementary Budget Estimates (Defence & Veterans), 0900 hours, Committee Room 2S1, Parliament House. [It will be web cast live here.]

The following military justice and veterans cases are occurring this week:

High Court of Australia

High Court next sits in Canberra on 3 November 2009.

Federal Court of Australia (Full Court)

There are no military justice or veterans cases being argued this week.

Defence Force Discipline Appeal Tribunal

The Tribunal is in recess and will next sit on 29 and 30 October 2009.

Veterans' Review Board

For a full list of this week's cases in Brisbane, Canberra, Melbourne, Perth and Sydney go here.