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
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Butch Bracknell
Lieutenant Colonel, US Marine Corps
CMC Fellow, The Atlantic Council
757-287-4704