This will help both sides get a jump start tomorrow on resolving this case.Summary of my rec: this is not a GCM case because the Article 120 and related sexual assault-type offenses are unprovable through the testimony of 1stLt Klay, and there is insufficient independent corroboration to shore up her testimony. Moreover, there is a problem with the charging theory on the element of force -- the acts alleged by the government do not constitute "force" within the meaning of the sexual assault statutes. Capt Rowe rates punishment for a handful of lesser offenses at a lower forum and should be separated from the Marine Corps, but not through the means of a GCM.You can reach me after tomorrow at my gmail address or my usmc.mil address. I will join at New River Friday morning.s/f,rgb
--Butch BracknellLieutenant Colonel, US Marine CorpsCMC Fellow, The Atlantic Council