Oral arguments sent for disbarred JAG appeal

[unhappycamper]

Col. Michael D. Murphy
Potential punishment at issue.


Oral arguments sent for disbarred JAG appeal
By Erik Holmes - Staff writer
Posted : Thursday Nov 20, 2008 5:53:07 EST

Oral arguments in the Air Force’s appeal of the case against Col. Michael D. Murphy, a former senior judge advocate who was discovered to have been disbarred for more than 20 years, will take place Friday

The one-hour argument before the Air Force Court of Criminal Appeals at Bolling Air Force Base in Washington, D.C., will consider the trial judge’s Sept. 5 ruling that Murphy cannot be punished for his alleged crimes even if he is convicted.

The judge, Army Col. Stephen Henley, made the ruling because the White House Military Office, where Murphy served as general counsel from December 2001 to January 2005, has refused to release classified details of his service there.

Henley said that the lack of access to the information would affect the defense’s ability to demonstrate Murphy’s good conduct and performance during the sentencing phase of the trial, which the judge called “a substantial right of a military accused.”

The Air Force disagrees.


Rest of article at: http://www.airforcetimes.com/news/2008/11/airforce_murphytrial_112008w/%2e