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Federal Court Rules Retirees are NOT Subject to Military Jurisdiction

Posted by Don King | Nov 21, 2020 | 0 Comments

Federal Court Holds Court Martial Jurisdiction Over Retirees is Unconstitutional

In a landmark decision, a D.C. Federal Court has held unconstitutional the practice of subjecting retirees to court martial under the Uniform Code of Military Justice, since doing so deprives these men and women of the same rights under the U.S. Constitution that their civilian counterparts enjoy (right to indictment, jury, etc.). The government argued that jurisdiction was necessary because retirees needed to remain subject to "good order and discipline" in case they needed to be called back to active duty, even though the law did NOT subject reservists to the UCMJ unless they were ON active duty. To this argument, the judge responded: "Please!"

If you or a loved one are facing charges under the UCMJ, please reach out to an experienced military attorney for assistance. At KML, we're available to you 24/7.

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