JAG CENTRAL

The Canadian Press reports that Air Force Major Harry Schmidt, the pilot charged with dereliction of duty in the bombing deaths of four Canadian soldiers in Afghanistan, is appealing the Article 15 reprimand and salary forfeiture handed down yesterday:

Charles Gittins said his client, Maj. Harry Schmidt, was in good spirits after a morning round of golf today, despite a severe reprimand handed down by a U.S. air force general that found the pilot acted shamefully in the April 17, 2002, bombing.

"He just told me to do it. He had just played golf," Gittins said from Virginia. "We can't let this affront to reason that the U.S. air force has passed off as fact go unchallenged."

An appeal of the ruling will be filed by Monday's deadline, Gittins said.

"The general (Bruce Carlson) acted arbitrarily and capriciously and we believe he acted on evidence outside the record."

Schmidt was not available for an interview. Gittins said his client's comments about the reprimand "could not be printed in a family newspaper."

ANALYSIS: It may seem a little disingenuous that just two weeks ago, MAJ Schmidt actually requested the Article 15 in lieu of court martial! However, this has proven to be a great tactic recently in high profile courts-martial. For instance, the Guantanamo Bay Chaplain, CPT James Yee, accepted an Article 15 in lieu of court martial after the Army really botched up his trial. After the Article 15 decision was handed down, his lawyer, Eugene Fidell (the Johnnie Cochrane of the military justice world) appealed the Article 15 - and won! Chaplain Yee ended up with an honorable discharge, when just months before he was jailed and charged with a crime punishable with death!

Bottom line - if you did the crime, take the Article 15 - you might just get off scot free.

NOTE: I have a run down of all the previous posts about Major Schmidt's court martial here.