Brahms is clearly indicating a problem of defense counsel careers being threatened. In other words, they are doing TOO well, and their clients are not being convicted.
This is the ultimate in command influence on the JAG side of the house.
Vokey was fired by Colonel Rose M. Favors, the Command Defense Counsel of the entire Marine Corps. She reports to the Staff Judge Advocate.
The SJA, I assume, is the Chief of JAG for the Marine Corps, reporting to the Chief of Staff of the Marine Corps, a 4 star who sits on the JCS with Pace (Marine) as the current Chairman for a bit longer.
On the defense side, each SJA carries a large case load. Their circumstances are further exacerbated because each Marine defendant needs at least two Marine Corps trial attorneys to counter the numbers the prosecution fields
It is common knowledge in the military that commanders generally favor Prosecution JAGs and disregard Defense JAGs. That is because commanders are generally Judge and Jury against soldiers who require punishment. Defense JAGs muck up their plans.
The prosecution enjoys a built-in home court advantage. In addition to enjoying the services of the most experienced trial attorneys among the SJAs, the prosecution can call upon the resources of Naval Criminal Investigative Service investigators, other federal law enforcement officials, and apparently unlimited funds to travel world-wide interviewing witnesses and otherwise investigating frequently specious allegations.
As is obvious here, the UCMJ requires that the military provide both prosecution and defense. It is to be fair and balanced. Generally, though, the experienced lawyers gravitate to prosecution because it's just easier to deal with commanders and not be considered a "dirtbag defense lawyer."
Who pays for all these jaunts around the world, and why can't the defense authorize some of the same to discover questions that they have?
Why isn't there a division of NCIS devoted to defense research, and all of seems to focus on prosecution research?
WOW!!!! The stuff I miss when I’m gone. This is stunning. Maybe Lt. Col. Vokey was supposed to keep his firing as Regional Defense Counsel a secret until after SSgt Wuterich’s hearing was over. Whoops, too bad, he spilled the beans at a time of his choosing. HAHAHAHA.
xzins, your points are well made in post 19. jude, your question about Col. Favors being “angry over misallocation of scarce resources” is a valid one. But she shot herself in the foot. She fired Lt. Col. Vokey in the midst of a hearing of the highest profile case with the highest profile defendant. She drew attention to the fact that the defense is way underfunded compared to the prosecution. She sent a message to other JAG defense lawyers to play by the old rules. Lt. Col. Vokey decided to do what was right for these defendants and for the Marine Corps reputation. He gave them both a fighting chance. She broadcast that keeping order in her little chain was more important than the defense of Marines. I doubt this was her intention, but mission accomplished.
Outstanding analysis and questions, chaplain.