Ramstein Air Base, Germany–Officers wield enormous power over enlisted servicemembers. One of those powers is the ability to confine an enlisted member with a low standard of probable cause simply by being an officer–any officer. See Rule 304(b), Rules for Courts-Martial.
In general, the Air Force attempts to keep officers from steering too far by having a JAG provide legal advice before someone is placed into pretrial confinement (PTC). But JAGs (especially legal office JAGs) are often overworked, under-experienced, and have little oversight.
In this case, a field grade officer (Air Force O-4) received legal advice from the Wing legal office that pretrial confinement was appropriate for an Airman who had not only admitted to deserting but self-surrendered. In the military, pretrial confinement is the exception–not the default. That is because military members are subject to the orders of those senior in rank to them and because the military has many, many options short of throwing someone in jail.
This is often where new JAGs and fresh commanders fail. Pretrial confinement is not appropriate just because there is probable cause an offense was comitted and the accused committed it; most importantly, there must also be probable cause that confinement is required by the circumstances.
In this case, at the pretrial confinement review hearing, Veritas Military Law (with the help of the OCONUS military counsel to assist) presented evidence and argument, securing the Airman’s release from confinement from an O-6 pretrial confinement review officer (and group commander) (the PCRO). The PCRO held (as argued by Mr. Tolin) that even though there was probable cause an offense was committed and the accused committed it (in fact, way more than just probable cause), the Government had failed to present any evidence that pretrial confinement was required, lesser restraints were insufficient, or that the client would fail to appear for any proceedings or engage in serious criminal conduct.
Therefore, the cuffs were removed and the client was able to get back to mission until his case processed, just like the law requires.