JAG CENTRAL

Breaking News from the AP:

The Air Force has decided not to court-martial a U.S. fighter pilot who mistakenly dropped a 500-pound, laser-guided bomb that killed four Canadians in Afghanistan in 2002.

Maj. Harry Schmidt, 37, will face nonjudicial punishment and four dereliction-of-duty charges against him will be dismissed in court, the Air Force said Thursday.

He could face punishment including 30 days confinement or loss of one month's pay, about $5,600, Air Force spokeswoman Col. Alvina Mitchell said.

Schmidt originally was charged with manslaughter and aggravated assault and faced up to 64 years in prison. Military officials recommended against a court-martial on those charges last June, saying Schmidt could face nonjudicial punishment instead.

Schmidt turned down the offer, saying he wanted to clear his name in a court-martial instead. He was ordered to be tried on the lesser charge of dereliction of duty.

But the agreement announced Thursday meant the dereliction charges will be pursued in a lesser, nonjudicial forum, beginning July 1.

ANALYSIS: It's notable that Article 15 (10 USC 815) non-judicial punishment was originally offered to Major Schmidt in lieu of court martial, but Schmidt demanded the court-martial to clear his name, as is his right under Article 15. Regular readers of my old blog, LAW FROM THE CENTER, know that the Major Schmidt trial was a topic of high interest in these parts. Here's a listing of my previous posts on this issue:

HEARING IN FRIENDLY-FIRE COURT MARTIAL POSTPONED (3/1/04)
FRATRICIDE BECOMES POLITICIZED - AGAIN (2/29/04)
DATE SET ON FRIENDLY FIRE COURT MARTIAL (1/27/04)
UPDATE ON AIR FORCE FRIENDLY FIRE COURT MARTIAL (1/24/04)