Judicial Review of Military Trials?
tbwolff at UCDAVIS.EDU
Fri Nov 23 11:04:31 PST 2001
Prof. Scarberry writes:
> I do think, however, that some elaboration of Prof. Wolff's position is
> needed, if it is to be consistent with a high regard for the integrity of
> military officers.
I find Professor Scarberry's remarks to be surprisingly accusatory, so
I will not reply to them at great length.
Briefly: I think that all military trials experience some unique structural
pressures on their impartiality. In the ordinary course, the UCMJ and
responsible military officials acknowledge and strive to counteract
those pressures. The Executive Order amplifies those pressures
enormously by, for example, setting forth a separate procedure
outside the ordinary course and rendering all results subject to
review and final decision by the President.
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