H/T to Global Military Justice Reform contributor
Phil Cave for calling the editor's attention to
this excellent article by Army JAG Corps historian
Fred L. Borch about an important aspect of the
Calley case. Trial counsel CPT
Aubrey M. Daniel III's letter to President
Richard M. Nixon was shocking at the time. Less well known was the letter assistant trial counsel CPT
John P. Partin also sent to Mr. Nixon. The article concludes:
Today, Americans are not surprised when a fellow citizen sends an email or twitter message to the White House, or even takes the time to write a letter to the president. In the early 1970s, however, members of the public were more reticent about making their views known. It certainly was unheard of for an active duty Army officer to write a letter to the President, much less a letter that criticized him and questioned his morality. Yet Daniel and Partin, believing the military justice system required them to speak up, took the time to write these letters. Members of The Judge Advocate General’s Corps can be proud of them.
When is it appropriate for a judge advocate to speak out in this fashion? Do comparable cases come to mind?
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