United States v. McCauley

I dissent.

I do not dispute the fact that irregularities occurred in this trial, but they must be measured in the scales applicable to trials before special courts-martial — particularly giving consideration to the unique position occupied by the president. He is required to instruct the court on the law, and I assume from his assignment that he is entitled to read the law and incorporate in his instructions the theories we advocate in our decisions. If I am correct in that assumption, then the senior member of the court participating in the deliberations had the information properly, and I…