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.

The AP reports:

The military will review the individual cases of the 595 prisoners at Guantanamo Bay, Cuba, to determine whether they are legally held, the government said Wednesday.

Officials described it is an attempt to prepare for expected challenges in civilian courts. The move comes in response to a Supreme Court's decision last week that said those prisoners can go before a federal judge to seek their freedom.

The Bush administration believes the military reviews will provide them some grounding when the prisoners head to court: The government can claim it was providing due process in determining whether they are legally held as an enemy combatant.

If the review determines a prisoner is not lawfully held, he will be released to his home country, according to officials with the Justice and Defense departments who announced the reviews.

Within 10 days, the prisoners will be informed of their new rights and the Supreme Court ruling in a note written in their own language, according to a memo signed by Deputy Defense Secretary Paul Wolfowitz that was provided to reporters.

The New York Times: Poor Health of Milosevic Delays Trial ("Slobodan Milosevic's poor health prompted judges to postpone his defense case on Monday and to question whether his war crimes trial, the biggest one in Europe in more than half a century, could go on. Judges postponed the start of the defense part of the trial of Mr. Milosevic, the former Yugoslav president and Serbian leader, over concern about his blood pressure and heart complaints, and said they would rule on a demand to impose a defense counsel on Mr. Milosevic, 62, who is defending himself.").

The Washington Post: Milosevic's Ill Health Delays Defense Case. And in blogging news, Parties to Allow Bloggers to Cover Conventions for First Time.

USA Today: Foreign Detainees Are Few In Iraq: Role of Jihadists Likely Overstated.

Blogging has been scattered lately due to family events and work. Daily blogging resumes today.