CLARK, Circuit Judge.
In 1757 the British public was profoundly shocked at the sentence of death imposed by a naval court martial upon Admiral Byng "pour encourager les autres" for his "negligent" conduct at the siege of Minorca. This decision was considered so harsh that a bill passed the House of Commons releasing the members of the court martial from their oath of secrecy in order that an investigation might be had. But the bill was defeated in the House of Lords...
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