Having spent more than six years in the Marine Corps as a non-lawyer legal officer, this case is really surprising. Particularly, the fact it was sent back by the Appelate court only to have their legal concerns totally ignored. The Appelate Court’s anger was palpable in their response including their ruling that the charges be dismissed with prejudice. Hopefully this results in systemic changes in how the Coast Guard approaches the unprejudiced application of both the UCMJ and the Constitution.
Agreed...It’s also surprising to me how adamant the court was and it’s not just Judge Ryan but the other four judges.
The Coast Guard and their JAGs had better start making changes.