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Judge considers dropping charges in Army sex case

FORT BRAGG, N.C. — A military judge said today that there’s evidence that a high-ranking lawyer at the Pentagon improperly influenced the case against an Army general charged with sexual assault, but he didn’t immediately decide whether to drop the charges.

Military judge Col. James Pohl found that there was the appearance of unlawful command influence in the case after reviewing e-mails between a top Pentagon lawyer and prosecutors. Pohl then began discussing with lawyers whether to drop charges against Brig. Gen. Jeffrey A. Sinclair or proceed with the case.

The latest twist in the case comes at a time when the Pentagon and Congress are grappling with the problem of sexual assaults within the military ranks.

After lawyers for Sinclair presented the new evidence this morning, Pohl dismissed the jury for the rest of the day. Pohl then heard arguments and testimony about e-mails from December between the prosecutors and the Pentagon lawyer regarding a potential plea deal that was ultimately rejected.

It is unlawful in the military justice system for senior commanders outside the chain of command to interfere in prosecutorial decisions.

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