Latest in Military Justice

Military Justice

Trump’s Intervention in the Golsteyn Case: Judicial Independence, Military Justice or Both?

The final two months of 2018 have been a remarkably eventful period for observers of American civil-military relations—even for the Trump administration. In just the final two months of 2018, there was the pre-midterm election deployment of troops to the southwest border in response to the supposed “invasion” of the migrant caravan.

U.S. Supreme Court

Are Military Courts Really Just Like Civilian Criminal Courts?

At the end of the last term, the Supreme Court decided in a 7-2 opinion that the high court exercises appellate jurisdiction over the United States’ military justice system—a system it says begins at the court-martial level, or trial level, through each Service’s Court of Criminal Appeals, up to the court of Appeals for the Armed Forces (CAAF), a tribunal with five president-appointed, Senate-confirmed civilian judges.

U.S. Supreme Court

Summary: The Supreme Court Rules in Ortiz v. United States

On Friday, in a 7–2 decision written by Justice Kagan, the Supreme Court held in Ortiz v. United States that Judge Martin Mitchell could simultaneously serve as a judge on the Court of Military Commission Review (CMCR) and the Air Force’s Court of Criminal Appeals (CCA) without violating Congress’s general “dual-officeholding ban” on military officers taking up civilian offices.

Military Justice

Doe v. Hagenbeck: The Second Circuit Speaks on Sexual Assault at West Point

Late last week, the Second Circuit issued a long-awaited opinion in Doe v. Hagenbeck. The case deals with myriad claims brought forward by a former West Point Cadet, Jane Doe, against Lt. Gen. Franklin Lee Hagenbeck and Brig. Gen. William E. Rapp, the superintendent and commandant of cadets, respectively, of the United States Military Academy at West Point. The claims stem from Jane Doe’s rape by an older male cadet, the school’s handling of the incident, and allegations of a sexually discriminatory atmosphere at the prestigious institution in upstate New York.

Military Justice

An Unconventional Test Case for Civilian Control of the Military

President Trump’s appointment of Lt. Gen. H.R. McMaster to succeed Michael Flynn as National Security Advisor has generally been lauded, whether in recognition of McMaster’s strengths, his predecessor’s weaknesses, or both. One of the points that’s gotten surprisingly little attention, though, is his status as an active-duty military officer.

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