Friday, November 28, 2014

Klingenschmitt case decided by Court of Federal Claims

Ex-Lt. Klingenschmitt near the White House
Judge Elaine D. Kaplan of the United States Court of Federal Claims has handed down a decision in Klingenschmitt v. United States, No. 11-723C, granting the government's motion for judgment on the administrative record. The plaintiff is a former Navy chaplain who raised a host of issues, ranging from fitness report concerns to whistleblower retaliation to collateral review of a subjurisdictional court-martial. The opinion provides a grand tour of the various legal processes that can arise in seeking review of military personnel and disciplinary decisions. One assumes Rev. Klingenschmitt will appeal to the United States Court of Appeals for the Federal Circuit. [Postscript: he will.] According to this article, he is now a member of the Colorado House of Representatives.

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