Monday, April 10, 2023

ProPublica report on Army administrative separations in lieu of court-martial

ProPublica, The Texas Tribune and Military Times have just released this report on their detailed analysis of cases in which U.S. Army personnel suspected of criminal conduct were permitted to avoid trial by court-martial by leaving the service. Two questions that deserve further attention:

  • How many of the offenses would have been found non-service-connected (and hence outside court-martial jurisdiction) before Solorio v. United States?
  • What prevented local authorities from pursuing criminal charges notwithstanding the accused's administrative separation?

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