On 21 June 2013, in United States v. Eller, the Air Force Court of Criminal Appeals denied a government appeal of a military judge’s decision to grant a challenge for cause based on a court-martial panel member’s knowledge of President Obama’s influential comments about sexual assault as well as her opinion about whether verbal consent was required for a sexual interaction to be consensual. The appellate court did not make a ruling that President Obama’s words amounted to unlawful command influence. Further, because of the other issue backing the challenge for cause in this case, this case does not stand for the proposition that a challenge for cause based on President Obama’s words alone would stand. However, there is no doubt that these challenges will continue during the voir dire process in sexual assault cases. The decisions that are made regarding the President’s words in sexual assault cases may have a huge impact in your case if you are currently facing sexual assault charges in a court-martial, a nonjudicial punishment hearing or adverse administrative action. If you are facing sexual allegations in this environment, you need an experienced and informed advocate on your side. To speak to an experienced court-martial and military defense attorney, call Bill Cassara at 706-860-5769 for a free consultation.
