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Good questions. I would like to know the answers.
As lurid as this trial is, the next one regarding the murder of an Army Special Forces NCO by two SEALs
is going to be worse.
Good point.
As noted in the article – the granting immunity thing raises questions. Something about having to grant immunity to 7 people that were eye witness and contemporary in time to some kind of thing just is a bit fishy. It can mean many things – but NCIS having to get testimony via immunity for UCMJ court martial proceedings just reminds me a lot of how the civilian DoJ and FBI handled the Hilliary Clinton classified info mishandling fiasco. In that case, the outcome of the prosecution was pre-determined and never made it to a judge and jury. This seems similar, not in that the prosectution outcome is predetermined – but it looks a lot more like a political prosecution than a criminal prosecution – and the judge has already cleared him of several charges. My guess is that he gets nailed for drug charges and the rest dropped. It’s hard to blame guys for going that route, spinning up the speedballs, but it leads to problems and you’re not supposed to do it.
Article 134 has been called the “catch all article”, they toss in when they stack charges.