Cooke v. Orser

I

The findings of fact by the military judge1 and the evidence in the extensive record confirm what I had foreseen in my dissent from the denial of Lieutenant Cooke’s previous petition for extraordinary relief. See Cooke v. Ellis, 12 M.J. 17, 18 (C.M.A.1981) (Everett, C. J., dissenting). Therefore, in my view, petitioner would be entitled to the requested relief without any need to go beyond the provisions of the Manual for Courts-Martial concerning grants and promises of immunity. See para. 68A, Manual for Courts-Martial, United States, 1969 (Revised edition).

The military judge found from…