JAG CENTRALThe world's first weblog devoted to military justice and military law issues.
Thursday, June 10, 2004
FRIENDLY FIRE PILOT TRIAL MOVES FORWARD
Monday, CAAF issued a decision reversing the Air Force order staying the Court Martial of Major Harry Schmidt, the pilot charged with dereliction of duty in the bombing of Canadian troops in Afghanistan. The issue was whether the trial could continue when the accused could not discuss certain classified materials with his own attorney, because his attorney did not possess a security clearance. Since the attorney now has an interim security clearance, the government's objection is now moot, and the trial can proceed. The decision was 5-0.
The Court included some interesting dicta in the decision, basically suggesting, without deciding, that anytime an accused has knowledge of classified information, he or she can share that informaiton with the defense attorney, regardless of whether that attorney possesses the proper clearance. That would be a truly revolutionary development if that dicta is implemented in future decisions. The Court even cites the Sixth Amendment when delivering this dicta, suggesting that the Court thinks such a requirement is constitutionally mandated.
You can find AFCCA's earlier order here. No word yet on when the trial will go forward.
The Court included some interesting dicta in the decision, basically suggesting, without deciding, that anytime an accused has knowledge of classified information, he or she can share that informaiton with the defense attorney, regardless of whether that attorney possesses the proper clearance. That would be a truly revolutionary development if that dicta is implemented in future decisions. The Court even cites the Sixth Amendment when delivering this dicta, suggesting that the Court thinks such a requirement is constitutionally mandated.
You can find AFCCA's earlier order here. No word yet on when the trial will go forward.
