According to the LA Times, all three officers called to testify at the first disciplinary hearing for the Bagdad 7*. In addition Joseph Darby, the whistleblower who reported this, was “unavailable” to testify, according to the Army. If this continues, and IMO there’s no reason it won’t as it’s basically the sames set of witnesses being called for all 7 AFAICT.
The story suggests that a presumption of guilt CAN be drawn from a refusal to testify in a military court, and that these officers could be disciplined for this. Am I interpreting this correctly? If so, the court should start calling witnesses higher and higher up the chain of command, and dismissing from service anyone who refuses to testify.