Some commentators have advocated for the National Security Council staffer to be court-martialed for obeying a congressional subpoena over the objection of the executive branch. But there are a number of problems with this argument.
Latest in UCMJ
Multiple media outlets this week report that
After a nearly two-year long process, the Department of Defense has drafted a legislative proposal to reform the Uniform Code of Military Justice (UCMJ). At the end of December, the DoD forwarded its proposals to Congress in the form of the Military Justice Act of 2016. The DoD provided a summary of its major proposals. Here, I highlight some of the major changes proposed and the impact those changes could have on the military justice system.
United States v. Dreyer: Suppression of Evidence Not Needed to Deter Future Violations of the Posse Comitatus Act
In an en banc decision issued yesterday, the Ninth Circuit ruled that an NCIS agent’s use of a software query to search military and civilian computers throughout Washington state for child pornography violated restrictions related to the Posse Comitatus Act (PCA), but declined to suppress the evidence resulting from the agent’s investigation.