This is a reversal of a previous position.
Analysis from Just Security here.
Here we have a reversal in the position of the USA due to a change in administration that appeared to have delayed effects with respect to the litigation team. The Bergdahl reply points out inconsistent contemporaneous positions taken by the USA, likely due to lack of coordination.
At DOJ, legal positions are coordinated through the Solicitor General's office. Should the same be true in military appeals?
-Current Term Opinions
Joint R. App. Pro.
Global MJ Reform
LOC Mil. Law