This week: three stories in Allegedly…, Nelson in Objection, a Sidebar on why a federal judge threw out Ann Altman's lawsuit against her brother, OpenAI CEO Sam Altman, and four questions posed by TikTok comments.
Allegedly…
Three stories this week: Trump's Epstein letter suit against The Wall Street Journal is dismissed with prejudice, the judge in the Cornell prosecutor fight asks about the other six accused men, and the Matthew Perry ketamine case gets the Netflix treatment.
Objection
United States v. Nelson, No. 26-0059/AF (C.A.A.F., decided 8 October 2026). Held: affirmed. Counsel's affirmative "no objection" and "no additional instructions" waived every objection to the findings instructions - including instructions the military judge had an independent, mandatory duty to give on his own motion.
Sidebar
In S4 H3: OpenAI CEO Dismissal, Jocelyn looks at why a federal judge threw out Ann Altman's childhood sexual abuse lawsuit against her brother, OpenAI CEO Sam Altman, who denies the allegations, after missed mental health examinations, missed deadlines and violated court orders. She also compares how that question plays out in military court, including a Fort Hood case where the judge granted the defense motion for the alleging victim to be examined by the defense expert: "She did end up submitting to the interview. And it was staggering."
Asked And Answered
Q – What's the backstory with the Army Judge Advocate General at the Blues Reception, and can we have Part 2?
Yes, there is a Part 2. The backstory runs through two of my cases in Germany in 2007–2008, a clemency submission that was not well-received, and a phone call from then-Colonel Flora Darpino, who wanted me to come to Heidelberg so she could “mentor” me. I told her I was all booked up. Not long after, my overseas tour was revoked.
Q – How does unlawful command influence apply when a prosecutor contacts the defense lawyer, as in the phone-call story?
The short answer: it could have, but in my case it did not. Judge advocates can commit unlawful command influence, and Gilmet and Salyer show how, but I never let my transfer touch a single client. For more, I covered what defense counsel need to be doing after Gilmet and the firing of BG Warren Wells in S1 H3: You Must Know Injustice to Do Justice, and I talked with Gilmet's civilian defense counsel, Colby Vokey, in S1 H4: Gilmet's Roadmap for Uniformed Defense Counsel.
Q – How are gangs allowed in the Army: discharge, benefits, CID investigation, prosecution?
The simplest answer to the first part is: easily. Recruits who don't disclose a gang affiliation and have no prior convictions aren't flagged, and when the case behind these questions was prosecuted, the Army had no explicit way to charge gang membership under the UCMJ. Here is how it got charged anyway.
Q – Can supplements cause a false-positive urinalysis, and how do people get out of a positive test?
Supplements can account for a positive urinalysis, depending on their ingredients and whether the maker follows the FDA's Good Manufacturing Procedures. Whether it counts as a “false” positive depends on what the test found, and for some drugs it is exceedingly unlikely.
