Fri, Jun 11, 2004
Lawyer Wins Bid For Security Clearance
Harry Schmidt's march toward
court-martial is underway again. The Court of Appeals for the Armed
Forces in Washington (DC) this week lifted the stay in the case of
United States vs. Harry Schmidt.
Major Schmidt was involved in an April 17, 2002, aircraft
bombing incident that killed four Canadian soldiers and injured
eight others near Kandahar, Afghanistan.
The stay was granted February 27 following the civilian defense
counsel’s appeal for a security clearance to permit the court
an opportunity to examine the appeal. While the appeal was pending,
the civilian defense counsel obtained an interim security clearance
in his capacity as a Marine Corps Reserve officer, officials
said.
The security clearance was awarded and the judge decided the
request was unnecessary. In the past, the government has granted
civilian counsel classified documents upon request. The court
consists of five civilian judges appointed by the president.
Officials said they anticipate that within the next few days,
Col. Mary Boone, the military judge, will schedule the trial date.
When the trial resumes, they also anticipate that remaining defense
motions will be considered first.
Major Schmidt has been accused of dereliction of duty by failing
to maintain appropriate flight discipline and failing to follow the
rules of engagement and special instructions which were in effect
in that area.
The charge is merely an allegation, and Major Schmidt is
presumed innocent unless convicted, officials said.
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