mr. christiansen. i'd like to add as a condition of approval the expansion of the open space on the roof as proposed by the project sponsor, and i'd also propose that we include the finding that mr. christiansen just read. >> president koppel: commissioner tanner? >> commissioner tanner: thank you. a question, mr. christiansen. was i understanding correctly that the fire department has a policy that has limited the roof deck to 750, but there is a path to increasing it? i just want to make sure i'm understanding that from what was stated. >> when the department initially received the project, we conducted an interdepartmental project review meeting, including the fire department, and there was a comment from the fire department at that time that if the roof deck were increased beyond 750 square feet that it would trigger additional requirements that would be not financially feasible for the project. >> commissioner tanner: is that like [inaudible] types of things? >> i believe so. the architect for the

mr. christiansen said? you alluded to it being difficult or complex. mr. questions and said it's not really that much different. did i just differ from your comment or the follow-up question a different -- difference of opinion there? mr. morris: yes, the prospectus being that a fair number have been returned it be tried in the states and i don't think that that complexity is accounted for in the legislation. sen. tillis: thank you gentlemen for testifying today. chair gillibrand: to clarify, mr. morris, where is the convening authority typically for a unit that's deployed? mr. morris: with the unit. chair gillibrand: colonel christiansen? col. christiansen: it depends on the service. so for the army, the convening authority is there and in the navy, who knows, because the navy, ships are moving around. seems like the air force, the shaw air force base sent general court-martial's there, but for felony level cases for almost every deployed airman it was and i would just add that we can look at sergeant bail, the guy who went into the afghani village and sl

mr. christiansen. on page 2, under design review, you had a replacement of a higher quality window, which i think is a reasonable request. in your february summary, you called it the -- there has been no concession that's been made yet. it's not an objective standard, not a code requirement, but highly recommended. where do we stand with that? >> the department generally does request that sponsors use a higher quality window, typically, aluminum clad wood or wood or another quality material. we did receive some push back from the sponsor in this case. the department's basis for that is a residential design guideline which calls for high quality materials. that guideline is not subjective. it doesn't provide a defined requirement for projects, so our ability to rely on that to require a design consideration that increases the cost of construction is somewhat limited. the sponsor had responded by actually requesting it as a concession or incentive. the concessions or concession concession -- incentives a

our next panel, we will hear from colonel don christiansen, united air force retired, mr. eugene, adjunct professor of law at new york university, and colonel lawrence morris, u.s. army retired, chief of counselor to the president of catholic university of america. thank you, gentlemen. would you like to start with your testimony? >> yes, thank you very much. thank you very much, madame chairperson. i'm going to make a few very brief comments. i'm more anxious to hear the committee's questions as they try to grapple with them than i am and giving a speech. i have prepared detailed testimony which i hope to meet made part of the hearing record. chair gillibrand: without objection. mr. fidell: in my opinion there are cogent reasons to transfer the power from commanders to lawyers. i want to make four very brief observations in this regard. number one, from my perspective, the highest value is public confidence in the administration of justice. and the public in that sentence is not only people within the military, but the rest of the american public. if there is not confiden