Remedy for unenforceable terms

Information on the remedy for unenforceable terms in pretrial agreements and negotiations:

United States v. McLaughlin
, 50 M.J. 217 (C.A.A.F. 1999) (a term requiring accused to “waive the speedy trial issue” is impermissible under RCM 705(c)(1)(B) and the military judge should have declared it void and unenforceable, while upholding the rest of the agreement; judge should have also asked the accused if he wanted to raise the issue)

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