United States v. Barker

The majority opinion accurately recounts the facts and aptly states many of the relevant points of law. I concur in its conclusion that appellants’ motions to withdraw their guilty pleas are to be judged by the “fair and just” standard. Majority Op., Part II. However, it is my opinion that the majority errs in its application of that standard to the present case.

I

The majority bases its decision on appellants’ eight-month delay in asserting their defenses by moving to withdraw the guilty pleas, the unreasonableness of their beliefs that national security reasons prevented them from raising…