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A website comment from Dan Miller



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a form has been submitted on February 9, 2010, via: /contact-us/ [IP 190.34.216.68]

Your NameDan Miller
Emaildanmiller20@gmail.com
Contact number011 507 6525 7281
MessageGentlemen,

I retired from the practice of law in Washington, D.C. in 1996 and now live in a rural area in the mountains of PanamÃ. From 1966 until 1970, I was an Army JAG officer and spent most of my time in Korea, eventually becoming Chief of Military Justice for the Eighth Army Support Command and later a special court martial military judge for Korea.

I have been following the Navy Seals case with some interest, and wrote this article (http://www.americanthinker.com/2009/12/court_martial_of_the_navy_seal.html) about the case for American Thinker. I am slightly confused with the proceeding as it has progressed as noted at your website. If you are willing to provide some clarification, not for attribution unless you request it, I would be very appreciative.

If I read the information correctly, it seems that the courts martial of SO1 Huertas and SO2 Keefe will go forward in Iraq with the detainee as a live witness, but that the court martial of SO2 McCabe will be held in the United States, without an opportunity to depose the detainee in Iraq or elsewhere.

Even though I assume that no evidence directly from the detainee will be admissible at the McCabe court martial, it strikes me that the detainee's testimony as an hostile witness could be required by the McCabe defense. It also seems that here, similarly to the (http://pajamasmedia.com/blog/the-blackwater-guards-ksm-and-the-american-judicial-system/) Blackwater guards case (http://pajamasmedia.com/blog/the-blackwater-appeal-politics-commandeer-the-courtroom/), the detainee's assertions may well have been used by the prosecution in securing testimony adverse to McCabe and otherwise in preparing the prosecution case.

I also have some difficulty understanding the convening authority's apparent usurpation of the duties of the military judge in cancelling the detainee's deposition in Iraq.

I shall appreciate any further information you are able to provide.

Dan Miller
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