Air Force says JAG ruling sets bad precedent

[unhappycamper]

Air Force says JAG ruling sets bad precedent
By Erik Holmes and Michael Hoffman - Staff writers
Posted : Friday Nov 21, 2008 20:08:11 EST

In its appeal of a ruling in a case against a former senior Air Force lawyer who was discovered to have been disbarred for more than 20 years, the Air Force said it sets a bad example for all military members who own security clearances.

The Sept. 5 ruling that Col. Michael D. Murphy cannot be punished for his alleged crimes even if he is convicted hinged on the White House Military Office’s decision to not release classified details of his service as a White House general counsel from 2001 to 2005.

The trial judge, Army Col. Stephen Henley, said 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.

During a one-hour argument before the Air Force Court of Criminal Appeals at Bolling Air Force Base in Washington, D.C., the Air Force argued Henley abused his discretion and failed to weigh other, less drastic alternatives to his ruling.


Rest of article at: http://www.airforcetimes.com/news/2008/11/airforce_murphytrial_112108w/%2e