"This is a case about the flagrant abuse, for obvious political purposes, of the due process
rights of a repatriated American POW...."
Comment: So, the question is, did the military courts give "full and fair consideration" to the claims. Think about the judicial bias claim. This was a claim based on facts discovered (via FOIA!) after briefing and argument--a claim that elicited an invitation to file a coram nobis. After the coram nobis was filed, the lower court denied it on the basis of it not being raised sooner. Full and fair consideration? Remember, the question is not whether you would grant relief, but whether the claim was considered. The answer to that seems to be an obvious "no."
-Current Term Opinions
Joint R. App. Pro.
Global MJ Reform
LOC Mil. Law