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Some quick reminders about guilty pleas and such
There's something for everyone out of a number of Navy and Coast Guard cases.
Defense Counsel.
When the military judge wrongly announces a sentence which will inure to your client's benefit, generally you should keep you mouth shut. But, once you get the SJAR, double check the SJAR against the record. See United States v. Spears below. My perception is there is an increase in the number of error in SJAR's which the trial defense counsel has failed to comment on. I posted on United States v. Newby yesterday. So what you say, he got relief, good for him. The appellant in Spears will now have a lot of trouble dealing with DFAS to get back the unauthorized forfeitures that's the problem now. Whereas if the issue had been caught at the time of the SJAR it might have been easier to resolve. Yes I know there are many SJA's out there who would have pressed forward with the erroneous advice anyway.
In United States v. Van Valin, despite the ongoing litigation about the admission of drug lab reports the defense did not object to any of the paper evidence in this case. AFCCA expressly found that waiver did not apply.
Look at Sanchez, supra:
Trial defense counsel did not submit any comments or objections concerning the SJAR.
CGCCA resolved the issue in appellant's favor finding plain error, thus not having to reach an IAC issue. And yes the court cites to United States v. Demerse, 37 M.J. 488 (C.M.A. 1993). Kronish where are you?
Trial Counsel.
One of the trial counsel's jobs is to protect the record. AFCCA's finding of error in United States v. Spears is not unusual. The military judge announced the following sentence:
Though not raised as an issue, we note that the military judge, in announcing the forfeiture portion of the sentence, announced "Airman Basic Marcus Spears, this court sentences you . . . [t]o forfeit $300 of your pay for 7 months; . . . ." (Emphasis added).
On 5 November 2009, the convening authority approved, inter alia, forfeiture of "$300 pay per month for 7 months." (Emphasis added). "[A] sentence to forfeiture shall state the exact amount in whole dollars to be forfeited each month and the number of months the forfeitures will last." Rule for Courts-Martial 1003(b)(2); see also United States v. Gaston, 62 M.J. 404, 408 (C.A.A.F. 2006); United States v. Johnson, 32 C.M.R. 127, 128 (C.M.A. 1962).
So on appeal the AFCCA identified the issue during its review of a merits submission and:
Because the announced forfeiture amount does not include the words "per month," we find that the approved sentence is erroneous and that the forfeiture amount announced shall be the total amount to be forfeited. See United States v. Walker, 9 M.J. 892, 892-93 (A.F.C.M.R. 1980) (citing Johnson, 32 C.M.R. 127; United States v. Smith, 43 C.M.R. 660 (A.C.M.R. 1971)); United States v. Nimmons, 59 M.J. 550, 550 (N.M. Ct. Crim. App. 2003); United States v. Burkett, 57 M.J. 618, 620-21 (C.G. Ct. Crim. App. 2002).
There would have been nothing wrong in this case for the TC to politely ask the MJ to clarify the forfeiture amount and terms intended.
Military judge.
In United States v. Gardner, the issue was credit for pretrial confinement.
The appellant was placed on pretrial restriction from 19 February to 15 May 2009. Record at 264-66. On 15 May 2009, the appellant broke restriction and was placed in pretrial confinement, where he remained until 19 June 2009, when he was tried and sentenced for the assaults that are the subject of this litigation. Id. During sentencing, the defense counsel argued that the 35-day pretrial confinement term should be applied toward any adjudged sentence of confinement. Id. The military judge denied the request, ruling that the pretrial confinement stemmed from charges of breaking restriction, and that credit could be applied toward a sentence on those charges.1 Id at 266. The military judge recognized that there remained unaccounted for pretrial confinement, but speculated, at his peril, that further proceedings would absorb the additional detention. In so doing, the military judge erred.
Staff Judge Advocate.
In United States v. Sanchez, the issue is what should go in the post-trial SJAR.
Before this Court, Appellant has assigned as error that Appellant was prejudiced by an erroneous Staff Judge Advocate's Recommendation that failed to include his length and character of service, and misled the convening authority. We agree, and remand the record for a new Staff Judge Advocate's Recommendation and Convening Authority's action.
Posted in: New Cases
Tagged: camp lejeune, court-martial, demerse, kronish and UCMJ
2 responses to "Some quick reminders about guilty pleas and such"
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Balancing the books
In the European political climate today, more than sixty years since the end of WWII, eastern European experiences of subjugation are often glossed over. This creates misunderstandings that could be avoided by an awareness of a common European history, argues Timothy Snyder. Then, solidarity rather than national prejudice would motivate public opinion on matters of European politics.
One of the problems at the heart of any attempt to build and maintain a "common European culture" is the "cultural differences" between the different spheres of Europe that date from the Cold War: how can one reconcile the project of "expansion" with the deepening of "European solidarity"? One view has it that solidarity is a matter of moral positions and positive action rather than simply a question of the correct redistribution of goods. To those Europeans concerned with solidarity, may I suggest both a problem and an opportunity: the absence of a common historical narrative in eastern and western Europe.
Although it might be difficult to pin down the connection with any precision, it seems clear that the sentiment of European solidarity has grown along with a sense of common European history. In some measure, this is the common history of epochs and events that concerned all of Europe, as reflected today for instance in the historical styles represented on European currency. More important, however, is the common history that members of the European Union have made together since the end of World War II. Although every nation has a different narrative of this common history, it is probably not too grave an error to summarise the postwar western European narrative in the following way: World War II taught the lesson that peace must prevail in Europe; European integration promoted both peace and prosperity as well.
What could possibly be wrong with such an account? As with every historical narrative, the starting point is very important. The starting point of this common European narrative is 1945. That year is, indeed, a moment when lessons were learned and is, surely, the right moment to begin the history of Franco-German reconciliation and, subsequently, the beginning of the European project. Nineteen hundred and forty-five, however, means something entirely different in most of eastern Europe – for most citizens of the states admitted to the Union in May 2004. For them, 1945 means a transition from one occupation to another; from Nazi rule to Soviet rule. It is the beginning of two full generations of communist rule, which for most people was no experience of political progress.
Nineteen-forty-five also offered Germany – and Austria to a lesser extent – the opportunity for a fresh historical start. West German – now German – participation in the European project has naturally involved a particular attempt to redeem the nation from the atrocities of World War II. This has involved a special relationship with Israel. During the Cold War, this sense of redemption motivated both Christian Democrats and Social Democrats to pursue an with the Soviet Union and its satellites in eastern Europe. Sixty years later, it may appear to Germans that this work has been, if not finished, at least honorably addressed. Germans, one might believe, have earned the right to treat their history as beginning again in 1945.
Yet few eastern Europeans can see the matter in quite the same way. After the Holocaust, the centre of Jewish political history moved to Israel rather than eastern Europe, and Germany's attempts to pursue a correct relationship with Israel (and with other Jewish communities) have had little significance in the East. Germany's was not an attempt to engage eastern European societies, but rather to improve relations with communist regimes. It addressed itself mainly to the Soviet Union and to East Germany. Whether or not this was a fruitful approach at the time can be debated; in my own view, it was, on balance, the right policy. But simply cannot be remembered, in an eastern Europe liberated of communism, as an especially generous gesture. The very policies that might persuade Germans that they are authorised to begin a new historical epoch in 1945 are unconvincing in eastern Europe.
Moreover, eastern Europeans know certain important things about German occupation that have escaped the western European narrative. Eastern Europeans know, for example, that the eastern front was more important than the western front to the outcome of the war. They know that German occupation policies were incomparably more savage in eastern Europe than in the West. They know that the Holocaust does not nearly exhaust the record of German mass murder of civilians. No Pole and no Jew, for example, would confuse the Ghetto Uprising of 1943 with the Warsaw Uprising of 1944. This happens routinely in western Europe. That the French do not know about the Warsaw Uprising suggests a certain limit to their interest in opposition to Nazi occupation. That Germans have not heard about the Warsaw Uprising means that they are unaware that German forces killed tens of thousands of civilians, and then burned a neighbouring European capital to the ground.
German historians and German elites know these things, of course. The problem is one of general public education. As long as the western European narrative of history remains unamended, western European publics will have difficulty understanding the actions of eastern Europeans. For example, the Polish choice to join in the occupation of Iraq (which most of us can probably agree was a mistake, including the vast majority of the Polish population) cannot be understood without some sense of postwar Polish history. The communist experience left Poles sympathetic to US arguments about liberation. Likewise, Polish resistance to a museum for German expellees is grounded in historical experience.
In both cases, the absence of a common European historical narrative, embracing both east and west, leads to failures of understanding and solidarity. German and French reactions to Poland's policy in Iraq generally referred to a mindless and reflexive pro-Americanism. In fact, this trust in the US grew, understandably, from the Polish experience of the Cold War. One sometimes hears from Germans, including German academics, that Poles are unable to discuss the expulsion of Germans because of a kind of national taboo. Polish objections to an expellee museum in Germany are even characterised as Polish nationalism. In fact, Poles are afraid that Germans do not understand just how widespread expulsions were during the Nazi occupation and the two Soviet occupations. Poles also believe that Germans have not yet come to terms with the totality of events before 1945 that preceded the expulsions.
The future of European solidarity, in other words, depends on a rethinking of the immediate European past. Without historical knowledge of the East, European mass publics will be swayed by simple arguments flowing from national prejudice. European leaders, whether they know the facts or not, will be tempted to resort to such arguments in the whirl of domestic political competition. Moreover, it will be very hard for east Europeans to believe that they are full partners in Europe so long as their experiences in the second half of the twentieth century are not part of a larger European story. These experiences are sufficiently similar (within eastern Europe) and sufficiently different (from western Europe) that the May 2004 enlargement poses a new kind of challenge.
Europeans must find a way to rewrite the larger narrative so as to include both East and West. This requires a confrontation with two basic matters of the recent European past: that the centre of the suffering in World War II was in the East rather than the West; and that for four decades eastern Europeans had to experience communist subjugation rather than European integration. It should be simple, one might think, to accept the full historical force of Nazi and Soviet terror. The European Union is, after all, built upon the premise that totalitarianism must never return. Yet in practice this requires some humility. One often hears the argument nowadays that the US can learn about total war and political terror from Europeans because they experienced the horrors of the twentieth century. This is true. By the same token, western Europeans have much to learn from eastern Europeans.
Original in English
First published by Index on Censorship 2/2005 (English version); Transit 28 (2004/2005) (German version)
Contributed by Index on Censorship © Timothy Snyder / Transit / Eurozine
Read in: EN / DE / LT / HU
#Europe #history #Eastern Europe
A European in word and deed
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A conversation on European belonging
Can a sense of belonging exist that both encompasses nationhood and goes beyond it? Gary Younge, Susan Nieman and Jan Plamper look for a European identity that turns neoliberal ideology around.
Susan Neiman
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Gagarin, the Eurozine podcast
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The long relationship
Ord&Bild 1-2/2020
'Ord&Bild' publishes a big issue on India and Europe. Including articles on the Europeanization of novelist Nirmal Verma; Akbar's forgotten multiculturalist legacy; the silent suffering of refugee filmmakers; existentialism in Indian literature; and faith in Hindi cinema.


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Items Among the Harbor Islands, Lake George, N. Y.
Among the Harbor Islands, Lake George, N. Y.
The Miriam and Ira D. Wallach Division of Art, Prints and Photographs: Photography Collection
Image ID 67732
Detroit Publishing Company postcards
Place: Detroit
Publisher: Detroit Publishing Company
Shelf locator: MFY 95-29
Islands -- New York (State)
Offset photomechanical prints
Postcard series number: DPC# 8369
Universal Unique Identifier (UUID): b6e22fb0-c62d-012f-c8a0-58d385a7bc34
The Miriam and Ira D. Wallach Division of Art, Prints and Photographs: Photography Collection, The New York Public Library. "Among the Harbor Islands, Lake George, N. Y." The New York Public Library Digital Collections. 1898 - 1931. https://digitalcollections.nypl.org/items/510d47d9-9cf1-a3d9-e040-e00a18064a99
The Miriam and Ira D. Wallach Division of Art, Prints and Photographs: Photography Collection, The New York Public Library. "Among the Harbor Islands, Lake George, N. Y." New York Public Library Digital Collections. Accessed January 18, 2022. https://digitalcollections.nypl.org/items/510d47d9-9cf1-a3d9-e040-e00a18064a99
The Miriam and Ira D. Wallach Division of Art, Prints and Photographs: Photography Collection, The New York Public Library. (1898 - 1931). Among the Harbor Islands, Lake George, N. Y. Retrieved from https://digitalcollections.nypl.org/items/510d47d9-9cf1-a3d9-e040-e00a18064a99
<ref name=NYPL>{{cite web | url=https://digitalcollections.nypl.org/items/510d47d9-9cf1-a3d9-e040-e00a18064a99 | title= (still image) Among the Harbor Islands, Lake George, N. Y., (1898 - 1931) |author=Digital Collections, The New York Public Library |accessdate=January 18, 2022 |publisher=The New York Public Library, Astor, Lenox, and Tilden Foundations}}</ref>


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Tag: political science
Trump and Moral Evil
Philosophy scholar and guest blogger, Thomas White, speaks to the Trump Phenomenon and the dangers of Moral Evil as the 'Privatized Self.'
This screenshot what taken from Donald Trump's official Twitter account
I popped open my laptop after breakfast to catch up with the latest news. To no surprise, Donald Trump's face was plastered all over Internet. This time Trump had posted a picture on social media, eating tacos from Trump Tower, wishing everyone a Happy Cinco de Mayo, and exclaiming that he loved "the Hispanics." Seriously? How could someone so blatantly insensitive be a legitimate candidate for the office of the President of the United States?
Suppressing an overwhelming urge to post a nasty, personal comment on some website about this picture, I instead surfed over to a poetry site where I reread these profound lines from that most philosophical poet, T.S. Eliot, one of my favorites:
We are the hollow men/ We are the stuffed men/ Leaning together/ Headpiece filled with straw.
Alas! / Our dried voices, when/ We whisper together/ Are quiet and meaningless
Vowing to resist the mindless tide of angry Trump-related polemics, which has swamped any effort to restore even the most minimal rationality to the American political conversation, I decided to act appropriately (rationally), and begin this calm philosophical study of Donald Trump: What is his relationship to knowledge and language? What is the nature of his mind? What is his relationship to other persons qua moral agents?
Eliot's verse certainly goes a long way to answering these questions: Trump is a Hollow Man, whose mind is filled with nothing but "meaningless", dead clutter –no poetry, no wit, no knowledge, and no empathy for other persons. This taco stunt revealed not only his ignorance about Spanish culture—Spain and Latin America have a varied ,often European, non-Mexican cuisine—but a blatant willingness to crudely stereotype others that has become his trademark— a failure of empathy, or emotional intelligence. Trump helps us answer the fascinating philosophical riddle posed by Eliot's opening lines: a mind can be "hollow" yet "stuffed"– that is filled with emptiness (lack of moral feelings, absence of knowledge etc.). Donald Trump is the abyss Nietzsche warned us against.
The one apparent trait described in Eliot's profile of Hollow Men—they speak in "quiet" "dried" voices like the elderly—that Trump does not seem to fit actually is appropriate. His trademark bellicose, bullying style masks his hollowness. George Orwell in 1984 captured the emptiness of this demagogic mind. The Orwellian dystopian state mixes political rallies filled with rage and bullying directed at crude political stereotypes, with a political language –Newspeak—that has been emptied of any references to "freedom" or "human rights." (Significantly, Trump never refers to the language in the Declaration of Independence, or any other key historical document that defends freedom, though he has advocated torture, which is Big Brother's standard operating procedure).
When I mull over of all of these traits, as well as that cringe-worthy, taco-related photo-op, I think immediately of another philosophical concept: Solipsism.
British philosopher, A.E. Taylor defined Solipsism as the doctrine in "which I have no certain knowledge of any existence except my own, everything else being a mere state or modification of myself."
Though philosophers long ago refuted this theory—how can I communicate the theory of Solipsism to other minds if the latter are problematic?—"Solipsism" actually serves another important goal, namely as a conceptual framework useful to profile the emerging privatization of the self as a culturally, politically, and socially significant trend. What a privatized self/ solipsistic self is was described nicely in this blog about Donald Trump posted on Huffington Post—though the author does not use those terms:
[Donald Trump is an] "emptiness [filled] with a sound and fury meant to gratify his needs in the here and now," … "others exist only as an extension of himself."… [His] "behavior… "reflects the hollowness within… the humanity of others [being] of no concern."
In this taco photo-op Trump is immersed only in his own consciousness; the independent humanity of his 'Hispanic' audience is problematic. In other words: a portrait of unsullied solipsism.
These are exactly the representative traits that I profile in my CrossCurrents essay as generally emblematic of the privatized Hollow Men, who lack empathy with the suffering of others, while dominating them for their own personal gratification and private ends. As I observe in this essay, such selves occupy every level of contemporary society. Donald Trump is not unique.
Thomas White is an independent scholar, who has published essays, poetry and fiction , both in print and online journals, in Canada, United States, Australia, and the United Kingdom. White is also the founder of the Takoma Park (MD) Socrates Cafe discussion group, facilitating from 2008 to 2013. He loves the Socratic adventure, and specializes in demonstrating the perennial relevance of philosophy to every aspect of the human condition.
Enjoy White's CrossCurrents article, "The Hollow Men: Moral Evil as 'Privatized Self'" freely through June 30.
Special Note: We welcome you to engage in active dialogue in the comments section below. Please note that comments will be carefully moderated to ensure constructive, respectful conversation. Please allow for up to 24 hours for your comment to appear. Happy Commenting!
Author vjwhite91Posted on May 13, 2016 June 15, 2016 Categories GeneralTags AE Taylor, crosscurrents, Donald Trump, George Orwell, Moral Evil, morality, Nietzsche, philosophy, political science, politics, Religion, Solipsism, Trump Phenomenon, TS Eliot, US Presidential Election 201612 Comments on Trump and Moral Evil
Virtual Roundtable Discussion on Migration and the Refugee Crisis
At the end of 2014, there were an estimated 19.5 million refugees worldwide. This crisis was drawn once again into sharp light as Syrian refugees flooded Europe in recent months. Many of these people are families with children, forced to flee their homes or risk their safety.
Join us Friday, October 16, 12:00pm – 1:00pm EST for a virtual roundtable discussion on migration and the refugee crisis. Our panel of experts span the social sciences and humanities to examine issues of refugees and migration ranging from ethics, family studies, and geo-political. Register today as seating is limited!
Our Panelists
Dr. Immanuel Ness is a professor of political science at Brooklyn College of the City University of New York. Editor-in-Chief of The Encyclopedia of Global Human Migration, Ness' research focuses on labor, urban political economy, migration, imperialism, and social mobilizations, worker insurrections, strikes, solidarity in Global North and Global South.
He is a labor activist who founded the New York Unemployed Committee, Lower East Side Community-Labor Coalition and labor organizer for several unions.
Dr. Serena Parekh is an Associate Professor of Philosophy at Northeastern University, where she also holds the position as Director of the Politics, Philosophy, and Economics Program. Her primary research interests are in social and political philosophy, feminist theory, continental philosophy, and the philosophy of human rights.
Dr. Parekh has contributed to noted journals such as Hypatia, Philosophy Compass, and The Southern Journal of Philosophy. She is also the Editor of the APA Newsletter on Feminism and Philosophy.
Dr. Reenee Singh is a family therapist based in London at the House Partnership. She is also Co-Director at the Tavistock and UEL Family Therapy and Systemic Research Centre as well as Editor of the Journal of Family Therapy.
Singh holds a particular interest in the intersection of therapy, race and culture. She attributes her personal history and cultural context, growing up in India and having lived and worked in Singapore, as an influence her approach to therapy, research, supervision and training.
Author vjwhite91Posted on September 29, 2015 September 29, 2015 Categories GeneralTags culture, Encyclopedia of Global Human Migration, Ethics, geography, geopolitics, Human Rights, Hypatia, Immanuel Ness, immigration, Journal of Family Therapy, migration, philosophy, Philosophy Compass, political science, Reenee Singh, refugee, refugee crisis, roundtable, Serena Parekh, sociology, Southern Journal of Philosophy, Syria, virtual discussion, webinarLeave a comment on Virtual Roundtable Discussion on Migration and the Refugee Crisis