Uniform Code of Military Justice

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The U.S. flag is shown on a U.S. Army soldier's uniform.

Some Reforms to Consider as the Uniform Code of Military Justice Turns 75 This Spring

The UCMJ's 75-year mark is an auspicious time to consider reforms that would dramatically alter the system President Truman signed into law.
Speaker's rostrum flanked by gold figures and backdrop of USA flag

FY22 NDAA: A Missed Opportunity to Improve Military Justice

The draft FY22 NDAA disappoints with watered-down military justice reform provisions.
Legal blind justice Themis metal statue with scales on chains

Litigation Tracker: Major Decisions Facing the Biden Administration

The Biden administration must decide whether to change course or maintain the Trump administration’s litigation approach in major Trump-era cases concerning national security…
Air Force Inspector General Lt. Gen. Sami D. Said speaks during a press briefing at the Pentagon, Washington D.C., November 3, 2021. An American flag stands beside him.

The Missing Kabul Drone Strike Report

"It is simply not credible that the entire investigative report must be withheld in order to protect (as one imagines the claim) sources and methods of intelligence-gathering."
Former General Michael Flynn, President Donald Trump’s recently pardoned national security adviser, gives a thumbs up as he departs a protest of the outcome of the 2020 presidential election outside the Supreme Court on December 12, 2020 in Washington, DC. Trump supporters walk around him. Most, including Flynn, do not wear face masks.

What To Do About Lt. General (retired) Flynn: Military Justice and Civil-Military Relations Considerations

Flynn's recent conduct has raised new questions about retiree court-martial jurisdiction. Yevgeny Vindman and Dan Maurer make the legal and policy argument for a court-martial.…
Flynn speaks to Trump supporters during a rally to overturn the election results outside the Supreme Court on December 12, 2020 in Washington, DC. The Trump supporters carry American flags, Trump flags and signs. Many take photographs or video with their phones.

Getting Real About General Flynn

At a rally in Dallas on May 30, 2021, retired U.S. Army Lieutenant General Michael T. Flynn put his foot in his mouth. Again. This time his offense was a comment in response to…
Hospital Corpsman 3rd Class Hizyme Potter, administers a COVID-19 vaccine to Capt. Stewart Bateshansky, commodore of Amphibious Squadron (PHIBRON) 3, aboard the amphibious assault ship USS Makin Island (LHD 8) in the Arabian Gulf, March 19, 2021. Both wear face masks and Hospital Corpsman Potter wears gloves and a face shield.

Should the COVID-19 Vaccine Be Required for the Military?

A mandatory vaccination program would likely be upheld in military and federal courts if President Biden determines that it is in the interests of national security.
Grave stones of some of the sixteen Afghan villagers who were killed in the March massacre are pictured in the grave-yard in Panjwai district of Kandahar province on November 4, 2012. Colorful fabrics are strung across the grave stones and also laid on the ground partially covering the graves.

Why We Prosecute Wartime Misconduct

President Trump never pardoned Robert Bales, despite a strong push to do so. Any clemency for him would have resulted in manifest injustice to not just Bales’ victims, but to…
(FILES) Supporters of US President Donald Trump wear gas masks and military-style apparel as they walk around inside the Rotunda after breaching the US Capitol in Washington, DC, January 6, 2021.

Military Personnel and the Putsch at the U.S. Capitol

If active duty, reserve, retired, or former military personnel participated in the Jan. 6 Capitol attack, how should they be held accountable? Courts martial may be available for…
Trump

Can a Pardon Be a War Crime?: When Pardons Themselves Violate the Laws of War

Editor’s note: Originally published on May 25, 2019; with an author’s note published on Dec. 24, 2020. Author’s note, Dec. 24, 2020: Not all corrupt pardons…

Invoking Martial Law to Reverse the 2020 Election Could be Criminal Sedition

In his increasingly desperate bid to hang on to the White House, President Trump is reportedly contemplating invoking martial law to force the invalidation of the results of the…
Military police in full riot gear are pictured near Lafayette Park ahead of President Trump's trip to St. John's Church in Washington DC on June 1, 2020, where protesters were tear gassed.

Wrestling with Legal and Illegal Orders in the Military in the Months Ahead

Given what we’ve witnessed over the last few months, armed forces should critically review their training for both judge advocates and commanders, including the development and…
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