In the current political climate, there’s lot of discussion about retirees being prosecuted for violating Article 88, UCMJ. Should that happen–an unlikely event we all hope, there appear to be at least three defenses if the alleged subject of the disrespect is the commander-in-chief. The First Amendment. Yes, I know…
In United States v. Brickey, [The court] granted review out of concern for the conduct of trial counsel in withholding from the defense certain information impacting upon both the credibility and the competence of a key prosecution witness to the offenses charged. After careful examination of the record and full…
Army Times reports, In the next two weeks, Army senior leaders expect to distribute a new policy governing how the absent without leave status is applied to a soldier who doesn’t report for duty, according to Army Chief of Staff James McConville. The policy could address complaints from some families of…
I think not. Whoever, being an officer of the Army or Navy, or other person in the civil, military, or naval service of the United States, orders, brings, keeps, or has under his authority or control any troops or armed men at any place where a general or special election…
Please vote, but, Military Times notes, Two Army Reserve soldiers who appeared in uniform during the Democratic National Convention in August will not be disciplined for politicking in uniform, but their supervisor will. On Thursday, officials said they had determined the two soldiers were not at fault for the mistake. “The investigation…
Para. 99 (Article 134, Extramarital sexual conduct) is now with us and extends the UCMJ further into morals offenses. b. Elements. (1) That the accused wrongfully engaged in extramarital conduct as described in subparagraph c.(2) with a certain person; (2) That, at the time, the accused knew that the accused…
Navy Times tells us that “A Florida-based U.S. Navy command master chief was relieved from his leadership position at Naval Ordnance Test Unit last month, according to officials.” While it appears, the case is proceeding within the state legal system, there’s a possibility it becomes a military justice issue (and certainly…
Motions to recuse a military judge or sua sponte recusal are becoming more frequent in military justice. We have the “Spath Issue,” the now “Keane Issue,” both from the Commissions. I and several others are litigating appeals based on one military judge in the Army. Each of the cases relate…
The oral argument for Briggs and Collins is now scheduled for 13 October.
With the start of the new season the Supremes have issued its first Orders List comprising five pages-worth–mostly denials. An observer poindts to, In Kaur v. Maryland, No. 19–1045, Justice Sotomayor’s 5-page statement begins and ends this way: Although I join the Court’s decision to deny certiorari, I write separately to address a concerning feature…