Basically, you're not supposed to lay your hands on a recruit. You don't really want to have drill instructors grabbing a recruit by the collar, which is what happened here, and you don't want to have them hitting them with elbows.

How do you get there from here? They haven't persuaded me that this is valid, ... You have to have a disruption of civil authority before the military can perform activities such as surveillance.

at least provides some judicial review.

The real question is who is the independent prosecutor who is liberated to pursue these cases. There is no central prosecution office run by commanders. So you don't have a D.A. thinking, I'm going to follow this wherever it leads.

General Pace indicated that apparently the earlier investigations had not looked into whether negligent homicide had occurred, and that is exactly the first place that you would look in a case like this. It's quite baffling that it took this long to focus on that question.

It does look like there were some major gaps in the earlier investigations, which were not criminal investigations incidentally.