Tuesday, June 01, 2004

"Currently, as of 27 February 2004, the court martial proceedings have been stayed pending further action by the United States Court of Appeals for the Armed Forces (CAAF). The stay was imposed in response to a petition for extraordinary writ for the denial of a security clearance for Major Schmidt’s attorney, Mr. Charles Gittins. An initial appeal for a stay and review of the Military Judges decision was filed with the Air Force Court of Criminal Appeals on 16 January 2004. The Air Force Court denied the request for the stay and instructed the legal process to continue with a ruling on the issue of the security clearance for the defense counsel to follow. Upon receiving the decision denying the stay the defense counsel raised the issue with the CAAF which, in turn, imposed the stay. The CAAF deferred ruling on the writ about the security clearance till after the Air Force Court of Criminal Appeals has completed its review of the underlying writ petition (compelling the Government to process Mr. Gittins for a security clearance).

Harry and Joan, proud parents of Maj. Harry Schmidt"

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