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Tuesday, April 20, 2021

Extremism docket

Task & Purpose regularly carries stories of considerable interest to students of military justice. The latest is this report on extremists in the U.S. armed forces. It names names. Think of a subset of extremist, ugly viewpoints and you'll find it here. 

Punishing (and deterring) conduct that violates one of the punitive articles of the Uniform Code of Military Justice is the easy part (although thought might be given to jacking up maximum permissible sentences where an offense had a hatred dimension). The harder challenge is how to get these people out (if they are in) and keep them from entering the service in the first place, while respecting mere-membership jurisprudence developed when the concern was communism. Watch for a rewrite of the governing DoD and service directives.

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