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A Legal Blog for the rest of us!

Sunday, January 25, 2004

UPDATE ON AWOL/DESERTION AND CLARK/BUSH 
Donald Sensing has a great post about his personal experience with charging soldiers with desertion and AWOL. One of his soldiers left twice for more than 30 days a piece; he was never charged with desertion because he kept all his uniforms and his ID card. Another soldier was charged with desertion, even though he didn't even make it past the gate and was gone less than 5 minutes. The reason: he stripped all his uniforms, ran out in his underwear, cut up his ID card, and yelled to everyone that he was leaving and was never coming back. The INTENT to remain away permanently is the key, and it must be proved beyond a reasonable doubt.

General Clark had an opportunity on the Sunday talk shows to clear this up; he failed to do so. Maybe that's one reason his numbers are slipping and the others' numbers are rising. CREDIT: Thanks to the Intel Dumper for the tip on Sensing.