Court of Appeals for the Armed Forces visits Malmstrom

  • Published
  • By Airman 1st Class Dillon White
  • 341st Space Wing Public Affairs Office
MALMSTROM AIR FORCE BASE, Mont. --  The United States Court of Appeals for the Armed Forces held a "Project Outreach" hearing on the case of United States vs. Private 1st Class Jeremy T. Wilcox at the base auditorium here April 10.

More than 200 people, to include members of the local community and news media, attended the appellate arguments. 

Project Outreach hearings are conducted to expose a larger audience to the military justice system, the Uniformed Code of Military Justice, and make that audience aware of the civilian oversight of the system. 

These hearings are held at universities, military installations and, on one occasion a hearing was held onboard the USS Ronald Reagan. 

"They oversee cases for the entire Department of Defense worldwide," said Lt. Col. Sean Sabin, 341st Space Wing staff judge advocate. "They only go to two bases a year, and there are literally hundreds of bases where they can go, so it is a once-in-a-lifetime opportunity." 

Prior to the hearing, Chief Judge Andrew Effron, Judges James Baker, Charles Erdmann, and Scott Stucky received a mission briefing by Col. Sandy Finan, 341st Space Wing commander, and were flown to a missile alert facility on a UH-1N Huey helicopter from the 40th Helicopter Squadron for a tour of the facility. 

Following the tour, the judges headed to the base auditorium and changed into their black robes. 

Private Wilcox was not in attendance, as the appellate court is not a trial and the appellate is not an active participant, Judge Erdmann said. 

Two Army counsel, one representing the Army and one representing Private Wilcox, debated whether Private Wilcox's statements to an undercover Naval Criminal Investigative Service agent on the Internet were detrimental to good order and discipline or of a nature to bring discredit upon the Armed Forces. 

Private Wilcox wrote anti-Jewish statements to the investigator and stated "nothing was ever changed by votes, or complaints - only at the barrel of a gun was justice ever served or found." 

Army Capt. Christopher Dempsey, arguing on behalf of Private Wilcox, claimed the private's Internet conversation with the NCIS agent was not a discredit to the service and there was no evidence they had a negative impact on the armed forces. 

Army Capt. Michael Pond, the appellate government counsel, argued that Private Wilcox's statements presented a "clear danger" to the morale and the mission of the Army. 

Judge Margaret Ryan was unable to attend, but will participate in the Court's holding after reviewing a live recording of the hearing produced by the Malmstrom legal office. 

The USCAAF is scheduled to hold a conference one week after the hearing to further discuss the case. When three of the five judges reach a consensus on the majority holding on the case, a majority opinion on the case will be drafted. Within approximately six weeks, the draft will be completed and posted. 

For more information on the USCAAF, go to http://www.armfor.uscourts.gov/.