Monday, June 7, 2021

Gag order under review at the Kirya

There is more news concerning the decedent without a name. According to this account, the Israeli military court is considered relaxing the gag order on information about the case. The article notes that the soldier was denied burial in a military cemetery because he had been discharged -- which seems odd. If he had been discharged, and the charged offense(s) occurred before separation, what was the basis for continuing court-martial jurisdiction? Tail jurisdiction of the kind we had until United States ex rel. Toth v. Quarles? Suppose he had been acquitted. Would he have been restored to duty?

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