"Petitioner offers no explanation for waiting to request the military judge’s application materials until the day the CAAF affirmed this court’s judgment, nearly two years after the military judge’s appointment with the EOIR was announced. Had petitioner exercised reasonable diligence prior to this court’s and/or the CAAF’s opinions, he could have discovered and raised the information concerning the military judge during the ordinary course of appeal." ![]()
1 Comment
Brenner M. Fissell
11/17/2020 10:13:38 am
I find it strange to set the bar for "reasonable diligence" at "files FOIA request regarding the judge during a criminal case."
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