A pleading in the Bergdahl case (filed today) reveals that the military judge, Jeffery Nance, was pursuing employment with the US Dept. of Justice while presiding over the case. Of course, the same conduct by military commission judge Vance Spath led the D.C. Circuit to vacate most of his rulings in the case of the alleged USS Cole bomber. In the words of Judge Tatel, Spath's conduct "cast an intolerable cloud of partiality" over the proceedings.
Here, Nance used the ruling in which he denied Bergdahl's first UCI motion as his writing sample in his job application. Thus, in his employment application to an executive branch agency headed by the President, Nance highlighted his writing ability by producing a motion in which he beat back a claim that the President had acted improperly.
Does an "intolerable cloud" equate with an "intolerable strain?"
Here is the accompanying reply to the Govt's reconsideration opposition:
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