Saw this update on SFC Taylor’s case yesterday and decided to add it to my page as well. From the LA Times: Court-martial decision postponed for soldier in Afghan shooting. His Article 32 hearing, the military equivalent of a Grand Jury, was held last week and now the case in in the hands of the reviewing officer. She will review the evidence and testimony presented at the hearing and then make a recommendation to Taylor’s Brigade commander who will endorse that recommendation or not and then send it to the JMTC commander in Graf who is the General Court Martial Convening Authority. The JMTC commander makes the final decision on whether this case should go to trial or if Taylor should face, a lesser Court Martial, administrative punishment, or even no further action.
All that being said, I would guess that at a minimum Taylor faces a Special Court Martial, probably a Special BCD. The nature of what has been reported so far makes it clear that Taylor is being prosecute as an example to others. Whether that is good military policy is besides the point, the army does stuff like this sometimes. I will say that in my experience, if it does go to a Court Martial Taylor will get a fairer hearing than he would in a civilian court. His CM Panel, the military version of a jury, will consist of people his grade or higher both officer and enlisted if he opts that, and he would be stupid not to. The panel are people that understand the military and the pressures in combat.
I have no worries that if it goes to trial he will win. The problem I have is that even if he wins, his career is now damaged because of the massive publicity surrounding the case. That is something he cannot get away from. It will also haunt him as he goes in front of a selection board for promotion. The perception could be that he hurt the army and he could therefor later be denied promotion or even selected for elimination and the case could have nothing overt to do with it but it will always be there. The army is a small place and institutional memory is long, especially about people who are perceived as tarnishing the Army Reputation.