From the newsroom

The subject of American military justice is front and center right now. Global Military Justice Reform's area of interest is broader, of course, and although our coverage of developments is necessarily uneven due to language constraints, we have arguably spent less time and space on developments in the United States than we might have. We would like to contribute more to public understanding of these domestic matters (after all, our glass-enclosed newsroom high above Global Military Justice Reform Plaza is located in the U.S., even though the Editor happens to be writing this post a knife-throw from the Royal Courts of Justice and the Inns of Court in London). Posts and comments concerning domestic U.S. matters are emphatically welcomed. If you would like to become a contributor, please contact the Editor. If you simply want to comment on others' posts, have at it -- but use your real name. (Otherwise, your comment will not be posted to the site.)

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Limits of presidential powers

Pres. Donald J. Trump

The New York Times has this piece about the limits of presidential powers over the armed forces. "He could, hypothetically, also order all the Air Force’s jets painted pink, appoint his chauffeur to an elite commando force or require all officers to wear long, red ties on Fridays."

About that trident . . .

Is the Gallagher case over yet? Here's the latest. Excerpt:

A SEAL stationed at Naval Base Coronado, who asked not to be named because he was not authorized to speak publicly, said that both Mr. Trump and Admiral Green had strong support at the base, and that the SEALs there were dismayed to see the two leaders at odds.

He said that most of the SEALs he had spoken with about the matter were discouraged that war fighters who aspired to be silent professionals had been drawn into a political dispute. He noted that part of the SEAL ethos is the statement, “I do not advertise the nature of my work, nor seek recognition for my actions.”

Results of trial in Singapore

A tragic accident took the life of Singapore Armed Forces soldier Aloysius Pang. Useful details can be found here in a report from Straits Times.

Has the White House Counsel prepared a memo on this UCMJ provision?

10 U.S.C § 804. Art. 4. Dismissed officer’s right to trial by court-martial

(a) If any commissioned officer, dismissed by order of the President, makes a written application for trial by court-martial, setting forth, under oath, that he has been wrongfully dismissed, the President, as soon as practicable, shall convene a general court-martial to try that officer on the charges on which he was dismissed. A court-martial so convened has jurisdiction to try the dismissed officer on those charges, and he shall be considered to have waived the right to plead any statute of limitations applicable to any offense with which he is charged. The court-martial may, as part of its sentence, adjudge the affirmance of the dismissal, but if the court-martial acquits the accused or if the sentence adjudged, as finally approved or affirmed, does not include dismissal or death, the Secretary concerned shall substitute for the dismissal ordered by the President a form of discharge authorized for administrative issue. 

(b) If the President fails to convene a general court-martial within six months from the presentation of an application for trial under this article, the Secretary concerned shall substitute for the dismissal ordered by the President a form of discharge authorized for administrative issue. 

(c) If a discharge is substituted for a dismissal under this article, the President alone may reappoint the officer to such commissioned grade and with such rank as, in the opinion of the President, that former officer would have attained had he not been dismissed. The reappointment of such a former officer shall be without regard to the existence of a vacancy and shall affect the promotion status of other officers only insofar as the President may direct. All time between the dismissal and the reappointment shall be considered as actual service for all purposes, including the right to pay and allowances. 

(d) If an officer is discharged from any armed force by administrative action or is dropped from the rolls by order of the President, he has no right to trial under this article.