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:
Congress is in recess this week.
Thursday, 26 November 2009
HAPPY THANKSGIVING!
(Since I'm home in Sydney for T-day, I'm subjecting my Australian side of the family to an American Thanksgiving.)
____________________
For this week in military justice go to CAAFlog here.
23 November 2009
22 November 2009
This week in Parliament, Courts and Tribunals (23 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 are sitting this week. There are no military or veterans matters that are scheduled to be debated on the floor of either the House or Senate.
The following is going on this week in Parliamentary Committees:
Wednesday, 25 November 2009
Joint House-Senate Public Accounts and Audit Committee, Review of Auditor-General's Reports Nos. 32 (2008/09 to 1 (2009/10) (Audit Report No. 48 deals with Defence projects), 1145 hours, Committee Room 2R2, Parliament House, Canberra. There are four separate submissions from the Australian National Audit Office submissions which can be found here.
The following military justice and veterans cases are occurring this week:
High Court of Australia
The High Court is not sitting this week. It will next sit on 1 December 2009 in Canberra.
Federal Court of Australia (Full Court)
There are no military justice or veterans cases being argued this week in the Federal Court of Australia (Full Court).
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.
The House and Senate are sitting this week. There are no military or veterans matters that are scheduled to be debated on the floor of either the House or Senate.
The following is going on this week in Parliamentary Committees:
Wednesday, 25 November 2009
Joint House-Senate Public Accounts and Audit Committee, Review of Auditor-General's Reports Nos. 32 (2008/09 to 1 (2009/10) (Audit Report No. 48 deals with Defence projects), 1145 hours, Committee Room 2R2, Parliament House, Canberra. There are four separate submissions from the Australian National Audit Office submissions which can be found here.
The following military justice and veterans cases are occurring this week:
High Court of Australia
The High Court is not sitting this week. It will next sit on 1 December 2009 in Canberra.
Federal Court of Australia (Full Court)
There are no military justice or veterans cases being argued this week in the Federal Court of Australia (Full Court).
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.
16 November 2009
This week in Congress (16 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:
Monday, 16 November 2009
The Senate Floor resumes its debate on the Military Construction and Veterans Affairs Appropriation Bill FY 2010, H.R. 3082, at 1400 hours.
Wednesday, 18 November 2009
Senate Committee on Veterans' Affairs, hearing on Easing the Burdens through Employment, 0930 hours, 418 Russell Senate Office Building.
Senate Committee on Homeland Security and Governmental Affairs, hearing on Accountability for Foreign Contractors: The Lieutenant Colonel Dominic "Rocky" Baragona Justice for American Heroes Harmed by Contractors Act, 1430 hours, 342 Dirksen Senate Office Building.
Thursday, 19 November 2009
House Committee on Veterans' Affairs, Subcommittee on Health, hearing on Review of the U.S. Department of Veterans Affairs Contract Health Care: Project HERO, 1000 hours, 334 Cannon House Office Building. It will be web cast live here.
Senate Committee on Homeland Security and Governmental Affairs, hearing on The Forthood Attack: A Preliminary Assessment, 1000 hours, 342 Dirksen Senate Office Building.
____________________
For this week in military justice go to CAAFlog here.
Monday, 16 November 2009
The Senate Floor resumes its debate on the Military Construction and Veterans Affairs Appropriation Bill FY 2010, H.R. 3082, at 1400 hours.
Wednesday, 18 November 2009
Senate Committee on Veterans' Affairs, hearing on Easing the Burdens through Employment, 0930 hours, 418 Russell Senate Office Building.
Senate Committee on Homeland Security and Governmental Affairs, hearing on Accountability for Foreign Contractors: The Lieutenant Colonel Dominic "Rocky" Baragona Justice for American Heroes Harmed by Contractors Act, 1430 hours, 342 Dirksen Senate Office Building.
Thursday, 19 November 2009
House Committee on Veterans' Affairs, Subcommittee on Health, hearing on Review of the U.S. Department of Veterans Affairs Contract Health Care: Project HERO, 1000 hours, 334 Cannon House Office Building. It will be web cast live here.
Senate Committee on Homeland Security and Governmental Affairs, hearing on The Forthood Attack: A Preliminary Assessment, 1000 hours, 342 Dirksen Senate Office Building.
____________________
For this week in military justice go to CAAFlog here.
15 November 2009
This week in Parliament, Courts and Tribunals (16 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 are sitting this week. There are no military or veterans matters that are scheduled to be debated on the floor of either the House or Senate.
The following is going on this week in Parliamentary Committees:
Monday, 16 November 2009
Joint House-Senate Public Accounts and Audit Committee, Review of Auditor-General's Reports Nos. 32 (2008/09 to 1 (2009/10) (Audit Report No. 48 deals with Defence projects), 0945 hours, Committee Room 2R2, Parliament House, Canberra. (The hearing will also continue on Wednesday.) The Australian National Audit Office submissions can be found here.
Wednesday, 18 November 2009
Joint House-Senate Public Accounts and Audit Committee, Review of Auditor-General's Reports Nos. 32 (2008/09 to 1 (2009/10) (Audit Report No. 48 deals with Defence projects), 1145 hours, Committee Room 2R2, Parliament House, Canberra. The Australian National Audit Office submissions can be found here.
The following military justice and veterans cases are occurring this week:
High Court of Australia
The High Court is not sitting this week. It will next sit on 1 December 2009 in Canberra.
Federal Court of Australia (Full Court)
Friday, 20 November 2009
Smith v. Commonwealth of Australia [2009] FCA 684 (24 June 2009), VID516/2009, Full Court hearing. The case involves the Veterans' Entitlements Act 1986 (Cth) s30C - "double dipping" - entitlement to pension for war-caused injury - payment in settlement of common law action in negligence - whether both payments in respect of incapacity from the same injury is double dipping - whether s30C is applicable to the facts of the case.
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.
The House and Senate are sitting this week. There are no military or veterans matters that are scheduled to be debated on the floor of either the House or Senate.
The following is going on this week in Parliamentary Committees:
Monday, 16 November 2009
Joint House-Senate Public Accounts and Audit Committee, Review of Auditor-General's Reports Nos. 32 (2008/09 to 1 (2009/10) (Audit Report No. 48 deals with Defence projects), 0945 hours, Committee Room 2R2, Parliament House, Canberra. (The hearing will also continue on Wednesday.) The Australian National Audit Office submissions can be found here.
Wednesday, 18 November 2009
Joint House-Senate Public Accounts and Audit Committee, Review of Auditor-General's Reports Nos. 32 (2008/09 to 1 (2009/10) (Audit Report No. 48 deals with Defence projects), 1145 hours, Committee Room 2R2, Parliament House, Canberra. The Australian National Audit Office submissions can be found here.
The following military justice and veterans cases are occurring this week:
High Court of Australia
The High Court is not sitting this week. It will next sit on 1 December 2009 in Canberra.
Federal Court of Australia (Full Court)
Friday, 20 November 2009
Smith v. Commonwealth of Australia [2009] FCA 684 (24 June 2009), VID516/2009, Full Court hearing. The case involves the Veterans' Entitlements Act 1986 (Cth) s30C - "double dipping" - entitlement to pension for war-caused injury - payment in settlement of common law action in negligence - whether both payments in respect of incapacity from the same injury is double dipping - whether s30C is applicable to the facts of the case.
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.
13 November 2009
Proposed U.S. Senate amendment to guarantee Supreme Court access for troops will not move forward due to a procedural flaw
U.S. Senator Dianne Feinstein's (D-Calif) proposed SAmdt 2766 will not move forward because of a procedural flaw with the proposed amendment. That type of amendment cannot be tacked onto an appropriations bill under Senate rules. SAmdt 2766 had been proposed on Monday by Senator Feinstein.
The proposed amendment was to get the Equal Justice for United States Military Personnel Act of 2009, S. 357, placed in as an amendment to the FY 2010 Military Construction and Veterans Affairs Appropriation Bill, H.R. 3082 on SAmdt 2730 by Senator Tim Johnson (D-S.D.). Today Senator Johnson's Legislative Director informed me that proposed SAmdt 2766 wasn't going to be added due to the procedural flaw.
The Equal Justice for Our Military Act of 2009, H.R. 569 is still pending in the House of Representatives. Sources on the Hill have indicated that it is expected to have a full House Judiciary Committee markup next month.
The proposed amendment was to get the Equal Justice for United States Military Personnel Act of 2009, S. 357, placed in as an amendment to the FY 2010 Military Construction and Veterans Affairs Appropriation Bill, H.R. 3082 on SAmdt 2730 by Senator Tim Johnson (D-S.D.). Today Senator Johnson's Legislative Director informed me that proposed SAmdt 2766 wasn't going to be added due to the procedural flaw.
The Equal Justice for Our Military Act of 2009, H.R. 569 is still pending in the House of Representatives. Sources on the Hill have indicated that it is expected to have a full House Judiciary Committee markup next month.
10 November 2009
BREAKING NEWS: Senator Feinstein trying to have S. 357 accepted as an Amendment to the Military Construction and Veterans Affairs Appropriation Bill
[UPDATED] Yesterday U.S. Senator Dianne Feinstein (D-Calif) proposed S.Amdt. 2766 in order to get the Equal Justice for United States Military Personnel Act of 2009, S. 357, placed in as an amendment to the FY 2010 Military Construction and Veterans Affairs Appropriation Bill, H.R. 3082, which will continue to be debated on Monday, 16 November at 1400 hours when the Senate resumes its business.
Here is the relevant page of the Congressional Record showing the language of S.Amdt 2766. It is identical language to S. 357.
Here is the relevant page of the Congressional Record showing the language of S.Amdt 2766. It is identical language to S. 357.
08 November 2009
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.
____________________
For this week in military justice go to CAAFlog here.
No military justice or veterans matters will be heard by Congressional committees this week.
____________________
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.
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.
05 November 2009
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.
We will continue our weekly posts of This week in Parliament; and This week in Congress despite our busy schedules.
02 November 2009
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.
____________________
For this week in military justice go to CAAFlog here.
Thursday, 5 November 2009
Senate Committee on Veterans Affairs, VA and Indian Health Service Cooperation, 1000 hours, 418 Russell Senate Office Building.
____________________
For this week in military justice go to CAAFlog here.
01 November 2009
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.
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.
25 October 2009
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.
____________________
For this week in military justice go to CAAFlog here.
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.
____________________
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.
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.
21 October 2009
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.
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.
20 October 2009
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.
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.
19 October 2009
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?
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?
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