tag:blogger.com,1999:blog-4070126256373578912.post6705767661493540616..comments2024-03-20T17:53:33.153-04:00Comments on Global Military Justice Reform: Back to square 2Eugene R. Fidellhttp://www.blogger.com/profile/14694139458443207131noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-4070126256373578912.post-19769767380156962022016-07-20T15:21:26.104-04:002016-07-20T15:21:26.104-04:00Well, one could also argue that those judges who w...Well, one could also argue that those judges who were present, but did not participate, were not at their "appointed place of duty" in violation of Article 86(1), which was per se disqualifying.<br /><br />Is there not an issue lurking in the shadows here as to whether or not the CCA's composition was changed in order to "change" the decision in Witt I, i.e., to uphold the death penalty? [Yes, I am that cynical!]<br /><br />And, because of the changed "composition," I do in fact think that CAAF concluded - as you suggest - that the case was "so bollixed up" that simply remanding it to AFCCA, was just inviting more issues down the road.<br /><br />Just some personal thoughts / observations.Anonymoushttps://www.blogger.com/profile/14437313348875708194noreply@blogger.com