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Good airman defense

It has been said that military justice is to justice as military music is to music.

In other words, not impressive.

That certainly can be said of a recent ruling in an Air Force case in which a judge declared — before trial had started — that the defendant, if convicted, could not be punished.

So ruled Army Col. Stephen Henley in the pending prosecution of a former Air Force lawyer who failed to disclose during his career that he had been disbarred for more than 20 years.

Henley said Col. Michael D. Murphy can’t be sentenced to anything — even if he is convicted on charges related to alleged nondisclosure of his disbarment — because the White House Military Office would not release classified details of his service as general counsel there from 2001 to 2005. That, Henley said, restricted the defense team’s ability to demonstrate Murphy’s good conduct as a mitigating factor at sentencing.

Air Force lawyers argued in a Nov. 21 appeals hearing that Henley abused his discretion in the case by failing to weigh less drastic alternatives. They contend the ruling could set a dangerous precedent that provides shelter from prosecution to defendants with security clearances.

They make excellent points.

Murphy still faces prosecution rising out of the discovery in 2006 that he was disbarred in Texas in 1984 and Louisiana in 1985 but never informed his superiors. Nevertheless, he has much to be proud of in his Air Force career, including his award of the Bronze Star with valor and a Combat Action Ribbon for service in Iraq.

The fact that Murphy served in such a prestigious job as White House general counsel, even if the WHMO won’t reveal details, should be considered along with all merits of the case. And if he’s found guilty, it shouldn’t be predetermined that he can’t be punished for it.

That would be the full measure of justice.