CAAF 4-judge-bench denials of petitions for review since August 1, 2021 [updated]

as of June 28, 2022.

Why was this trial held in a military court?

A civilian businessman has been convicted of embezzlement in a Russian court-martial.

Human rights jurisprudence strongly disfavors the trial of civilians by military courts.

Not military justice, but . . .

NATIONAL LAWYERS GUILD MILITARY LAW TASK FORCE STATEMENT

OVERTURN OF ROE v. WADE’S EFFECTS ON WOMEN IN THE MILITARY AND MILITARY FAMILIES

With its disastrous decision to overturn Roe v. Wade, the Supreme Court has endangered millions of pregnant people and stripped them of their autonomy and reproductive rights. Twenty-two states have laws or state constitutional provisions already in place that will totally or effectively ban abortion in light of the Court’s decision in Dobbs v. Jackson Women’s Health Organization, which holds that the U.S. Constitution does not confer a right to abortion. Overturning Roe especially imperils the lives of the poor, people of color, and minors. It will also have an outsized effect on women in the military.

Some of the military’s largest installations are in states where abortion will immediately become banned in the wake of Roe’s repeal, including Fort Hood and Fort Bliss in Texas, Fort Campbell in Kentucky and Tennessee, and Fort Benning in Georgia and Alabama. All told, hundreds of thousands of troops and their dependent family members will be unable to access safe and legal abortions.

Overturning Roe adds yet another layer to the gender discrimination and inequality in the military. Women in the military already face pervasive discrimination and harassment. Thousands of women service members are sexually assaulted or raped each year. Moreover, service members already have greater difficulty in accessing reproductive health care than their civilian counterparts. Federal law prohibits service members from receiving most abortions through their military health care, and military doctors are not allowed to perform abortions. Even if abortion is available in the local community and a service member can pay out of pocket for the procedure, they must have a commander approve to get leave obtain an abortion off base.

The military must not let the states dictate its service members’ abortion rights. The MLTF supports efforts to ensure that all servicemembers have safe and legal access to abortion, and that service members can request transfers out of states that will discriminate against—or take rights away from—them or their family members. The MLTF calls upon the service branches to ensure that their members have access to safe, legal abortion options, and for Congress to repeal the restrictions on military providers and health insurance providing abortion coverage.

The MLTF stands ready to assist those within the military who may be affected or at risk because of Roe v. Wade being overturned. We also work with other allied groups attempting to enact meaningful policy changes in this area.

National Lawyers Guild’s Military Law Task Force nlg.mltf@gmail.com

619-463-2369

Deceased Liberian soldier recommended for prosecution

You read that right. Details here and here. Excerpt from second article:

According to Sam Collins, the Assistant Minister for Press and Public Affairs, while the shooting incident that led to [Sgt. Prince] Tucker’s death was unfortunate; the deceased had to be charged with an attempt to commit murder under the [Liberian] Uniform Code of Military Justice.

“It sounds funny out there to hear that a dead person has been charged but the Armed Forces of Liberia has decided to do this in line with the law in the purview of the military and in consonance with the 1986 Constitution. It is a crime to take away life, it does not matter if you commit suicide,” Collins told journalists.

“The Military Police report recommended Sergeant Tucker be charged according to Article 80 (Attempt to Commit Murder); Article 128 (Aggravated Assault); Article 134 (Firearm, discharging willfully, under circumstances, has to endanger human life); and Article 92 (Failure to obey order or regulation) under the Uniform Code of Military Justice.”

Collins added that the Military Police investigation also found that Tucker shot himself to death — which carries a lot of charges including aggravated assault and willful firearm discharge under circumstances to endanger life.

Somehow a trial seems unlikely. For example, how would the accused plead?

For your bookshelf

The fifth edition of L. Lynn Hogue's Military Law in a Nutshell (West Publishing Co.) will be available next month. Details can be found here. Publisher's blurb:

The fifth edition of Military Law in a Nutshell by L. Lynn Hogue has been thoroughly revised and updated. It is intended as an authoritative resource for those seeking a succinct summary of military law and justice. It is designed for use by practicing lawyers seeking a succinct overview of military law, cadets at military academies and students in college R.O.T.C. programs, and members of the Army, Navy, Air Force, or Coast Guard Judge Advocate General's Corps. It should meet the needs of news media reporters and bloggers requiring information and background on military law and justice. Members of the armed services faced with non-judicial punishment, administrative discharge or more serious actions should also find it helpful. New to this edition is a detailed "Guide to Seeking Justice for Former Servicemembers with 'Bad Paper' Discharges." Every effort has been made to account for changes in the Uniform Code of Military Justice (UCMJ).

Congratulations to the author.