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... t exercise his discretion to nominate a jurist who distinguished himself as an active duty CCA judge and then retired and went into civilian practice -- like our ... nominate a career military lawyer who retired and then distinguished himself on another federal bench, like Judge Wayne Alley (Brigadier General, U.S. Army, ... District Court for the Western District of Oklahoma or Judge William A. Moorman (Major General, U.S. Air Force, Retired) of the United States Court of Appeals for Veterans Claims. ...

... down, finally, on July 21, 1992. Exactly two years later, she filed suit in the U.S. District Court, touching off protracted jurisdictional wrangling, ... under Air Force regs, you gotta have balls!!! Under military regs, "a change of sex may preclude continued military service," wrote Judge Rice. ... service. In addition, the absence of testicles may be independently disqualifying," wrote Rice. The government's expert witness in the case, Dr. Samuel J. Peretsman, a distinguished urologist, testified ...

... slip op. at 3. But the court spent more time evaluating the military judge's refusal to give the members a defense-requested instruction that "[a] person is not guilty ... his liability is based on conduct that includes a voluntary act." Id. The Air Force Court ruled: "[U]nconsciousness is but one of the many disorders encompassed by the defense of insanity ... doesn't really seem like we are treating UCI as "the mortal enemy of military justice" if we sometimes shoot it on sight, but at other times let ...

... the first full statement from the Obama Administration on its views about detainees in a U.S. military prison at the air base outside Kabul. Previously, the Administration had simply told Judge Bates, without elaboration, that it would follow the Bush ... prison for perhaps six months. The future of Bagram detainees is one of the issues now being reviewed by a task force studying detainee policy worldwide. In Judge Bates' ruling on April 2 (see this post), he concluded that the Supreme Court's ...

... reviewing a challenge under the Administrative Procedure Act to a decision by the Air Force Board for the Correction of Military Records; and 2) the district court correctly found that the Board's decision was not arbitrary, capricious, contrary to law, ... federal agents was "anything but voluntary"; 3) defendant did not demonstrate that the affiant knowingly misled the Judge; 4) it was highly unlikely that the challenged jury instruction improperly influenced the jury; and 5) district court has ...

... in Sudan -- carried out the Cole attack, he said. After international pressure forced bin Laden to leave Sudan for Afghanistan in 1996, al-Qaida remained in Sudan -- ... . 2006, Feb. 2006, and Oct. 2006.) And if the Sudanese government is to blame for an attack on a U.S. military vessel, I have no problem with seizing that country's ... , not by a federal judge and some members of ATLA? (By the way, according to the plaintiffs' lawyer (you guessed it): "[M]oney has never really been the issue." But you ...

... there were odd gaps between JAG culture and the rest of US military culture, and various strains and strands within JAG culture itself. ... allow the defense counsel but not the defendant to see classified information "properly administered by the military judge, would strike the appropriate balance between safeguarding our Nation' ... general and deputy JAG of the U.S. Air Force), even wrote an essay in the form of a fictitious letter from the future describing a military coup by the year 2012 because ...

... with three other cases, to the Chief Judge under Rule 83.2(d), the rule governing diciplinary proceedings for "misconduct or allegations of misconduct" by the attorney. The two cases involving ex-military plaintiffs are Janaskie v. United States, No. ... the same plaintiffs' counsel (though I cannot locate the fifth, Leshin). In the two miltary cases, involving a retired U.S. Air Force senior master sergeant and a discharged member of the California National Guard, the plaintiffs both claimed that ...

... more than reiterate the tired mantra that "homosexuality is incompatible with military service" and actually demonstrate why the Air Force needs to discharge officers such as Witt, who did ... But now, according to Circuit Judge Ronald M. Gould, writing for the majority of the Witt panel, Lawrence v. Texas, 539 U.S. 558 (2003), changes ... Gould noted that the court received three amicus briefs in support of Major Witt's appeal, from Servicemembers Legal Defense Network, Lambda Legal, and a joint brief ...

... government to get the U.S. Court of Appeals for the 9th Circuit to reconsider a decision issued by a three-judge panel earlier this year about the anti-gay military policy known ... circuit court. Witt v. Department of the Air Force, 2008 Westlaw 5101565. The court's action enhanced the possibility that the military issue will end up in the Supreme Court ... constitutional holding has never been repudiated. "I do not think the panel's decision can stand unless Goldman v. Weinberger falls," wrote Kleinfeld ...