Note the forum: the Army could have initiated court-martial proceedings against the Army major, given his military status and the expansiveness of the military penal code. But efficiency supports utilizing the Article III federal forum for both (given the two defendants, one civilian). And frankly, so does merit and professionalism of the systems -- it is smart to go with the DOJ A-team regarding accountability for these serious allegations, and leave the dysfunctional military justice system to continue trying to fix its racially disparate prosecutions and improve its bungling of sexual assault and other cases.
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