United States v. Argo

I agree with the majority that appellant’s case may be affirmed under our case law. Nevertheless, I conclude that one must step closer and take a harder look at the facts of this case in order to reach this just result. See generally United States v. Drayton, 45 MJ 180, 183 (1996) (Sullivan, J., dissenting).

This is an important case. It is really about fairness in the military justice system and the concern of Congress that military prosecutions be perceived as fair by service-members and the American public. Art. 37, Uniform Code of Military Justice, 10 USC § 837. Appellant challenges as…