United States v. Harms

I disassociate myself from any implication in the Chief Judge’s opinion that factual situations similar to those he summarized from United States v. West, 511 F.2d 1083 (3rd Cir. 1975), and Greene v. United States, 454 F.2d 783 (9th Cir. 1971), would be viewed by this Court as conduct so “outrageous” as to violate military due process.

In my view, while some future conduct on the part of the government may well be so “outrageous” as to deprive an accused of military due process, it is neither fitting nor possible to provide either specific or hypothetical examples of such conduct at this time.…