United States v. Loukas

I dissent from the majority opinion because, in my view, it violates three important principles. The first is that this Court should not rewrite well-established caselaw without careful consideration and ample justification. Second, as an appellate court we must take the testimony as it exists in the record, even though we cannot imagine why the witnesses testified as they did. Cf. United States v. Harris, 29 MJ 169 (CMA 1989). Finally, our Court may not interfere with the exercise of the factfinding powers granted to the Courts of Military Review by Congress in Article 66(c), Uniform Code of…