For your bookshelf

Lexington Books has published a new volume by Professor Pauline Collins (Southern Queensland): The Military as a Separate Society: Consequences for Discipline in the United States and Australia. "Pauline Collins argues that a different system of military criminal investigation and discipline outside the civilian justice system enables the military to operate like a coterie and can lead to a failure in the requisite moral standard of behavior required of military personnel and maintaining civilian institutional control. Collins contends that the justifications for separate treatment weaken both the military's reputation and the practice of civilian control of the military as well as lead to an overall decline in morality and values in a democratic society."

COVID-19 and military justice (U.S. Court of Appeals for the Armed Forces)

United States Court of Appeals

for the Armed Forces

Washington, D.C. 

In Re:

CONDUCT OF THE JUNE                                      NOTICE
HEARINGS BY TELECONFERENCE
(UPDATE)

     On May 5, 2020, the Court provided notice of its readiness to conduct hearings in a social distancing-compliant manner, and likewise provided notice of its consideration of holding the June hearings by teleconference.

     Upon consideration of the matter and in view of the continuing public health considerations, the Court has determined that the June hearings will be conducted by teleconference. The Clerk will coordinate with counsel sitting first chair in these cases to pass along the necessary communications access information and procedural matters to conduct the hearings by teleconference.

     The Court again thanks the bar and the parties in the impacted cases for their continued flexibility in the scheduling and conduct of these hearings.

                                                                                  For the Court,

                                                                             /s/ Joseph R. Perlak
                                                                                  Clerk of the Court

     May 18, 2020

First waiver to Trumpian DOD transgender prohibition granted

The Acting Secretary of the Navy recently granted a surface warfare officer the first waiver within the Department of Defense (DOD) to DOD's remarkable (remarkable, that is, in its depth of treachery to transgender personnel honorably serving the military, never mind its sheer stupidity) 2018 policy prohibiting service of transgender personnel "if they have been diagnosed with gender dysphoria or have yet to transition to an identified gender." The 2018 prohibition does, at least, grandfather in those whose diagnosis or transition occurred prior to the policy going into effect, and allows for case-by-case waivers -- and this is the first such waiver granted since the policy went into effect in spring 2019.

But before you totally blame Trump for the 2018 about-face to President Obama's 2016 policy that rightly allowed transgender personnel to openly serve our nation, there are others to share the blame
 -- like Secretary "I not-so-secretly wish all those in uniform were heterosexual men" Jim Mattis, who chartered this lovely gem of a report that falls back on the old tropes of "risks" to national security if transgender personnel are allowed to openly serve.

Yeah, we've heard fear-mongering of "risks" to the armed forces before,  like the risks of allowing African Americans to serve, of allowing women to serve, of allowing homosexuals to serve.... The real risk to U.S. national security is the continued ignorance of those like Mattis and Trump who fail to capitalize on the amazing contributions all such Americans can make in uniform.

Good on acting Navy Secretary James McPherson for rising above such ignorance and recognizing the incredible contributions this naval surface warfare officer will continue to make to U.S. national security  -- and good on the officer for have the fortitude to sue DOD in the interim.

COVID-19 and military justice (South Africa)

Judge Hans Fabricius of the Gauteng Division of the High Court of South Africa in Pretoria today handed down his ruling in Khosa and Others v Minister of Defence and Military Veterans and Others (21512/2020) [2020] ZAGPPHC 147 (15 May 2020). This was the litigation that arose out of the death of Collins Khosa in the course of police and Defence Force COVID-19 lockdown operations. The decision orders, among other things, that the personnel who were present during the incident should be suspended while the case is investigated. It also requires personnel to be trained in their duties under the Constitution. The ruling is subject to appellate review.

Retiree prosecution -- Canada

The National News (Canada) tells us that,

Today, the Canadian Forces National Investigation Service (CFNIS) announced that sexual assault charges have been laid against a retired military member.

The member, Sgt. Robert Kohlsmith, was charged with sexual assault contrary to National Defence Act, pursuant to the Criminal Code of Canada on May 11.

There are have been several of these type prosecutions in the U.S. over the last few years--almost exclusively sexual assault related.