SPY SOFTWARE ALLEGEDLY USED ON SEAL’S DEFENSE TEAM BY MILITARY PROSECUTORS

The military criminal defense case of Navy SEAL and Special Operations Chief Edward Gallagher has been complicated from the start. He stands accused of multiple charges surrounding the death of an Islamic State prisoner in 2017, including charges of premeditated murder, aggravated assault, wrongful use of controlled substances, and more. The case, however, got even cloudier recently when Gallagher’s … Read more

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AIR FORCE ACADEMY ENCOURAGES REPORTED SEXUAL ASSAULT BY REMOVING VICTIM “PUNISHMENTS”

The Air Force Academy has made a significant rule change in order to encourage service members to report incidents of sexual assault from other airmen and airwomen. In specific, “collateral” misconduct violations and their related penalties will not be filed against someone who comes forward with a sexual assault allegation. Underage drinking, fraternization, and recreational drug use are all … Read more

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CAAF DECIDES ARGUMENT OVER CONFLICTING ARTICLE 134 & MCM CHARGE DESCRIPTIONS

A 3-2 divided Court of Appeals for the Armed Forces (CAAF) recently decided the case of U.S. v. Gleason, finding that an accused cannot be charged with a novel specification under Article 134 of the Uniform Code of Military Justice (UCMJ) if the same criminal violation can already be described in the Manual for Courts-Martial (MCM), … Read more

Court-martial For Retirees Under Ucmj Article 2 Is Unconstitutional, Rules Nmcca

In a surprising decision that will send shockwaves throughout the military criminal justice system, the Navy-Marine Corps Court of Criminal Appeals (NMCCA) has held that it is unconstitutional to use Uniform Code of Military Justice (UCMJ) Article 2 to court-martial a retired service member. Within Article 2, it specifically says that court-martial jurisdiction applies to “retired members of … Read more

CAAF REVIEWS RAPE PENALTIES, MAINTAINS STATUTE OF LIMITATIONS IS 5 YEARS

The United States Court of Appeals for the Armed Forces (CAAF) has maintained that the statute of limitations on rape of an adult charges, without any aggravating factors, is set at five years. The CAAF reached its unanimous conclusion after reviewing the potential penalties for such rape charges. Since rape fitting the charge definitions cannot be … Read more

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HOW LONG DOES A COURT-MARTIAL NORMALLY TAKE?

The one and only true answer is, it depends. It depends on whether this is a Summary Court-Martial, a Special Court-Martial or a General Court-Martial. The one commonality in the timeline of Special Court-Martial Cases and General Court-Martial Cases is the investigation. Often times, when a cases starts, the investigation will take up the longest amount of time. Generally, … Read more

MILITARY BOARD OF INQUIRY

If you are an army or air force officer accused of serious misconduct, a Board of Inquiry (BOI) might be ordered to investigate the misconduct allegations. Your entire record would be up for consideration, and the procedure carries grave risks. You might be discharged, reduced in rank, or have your service characterized as Other Than … Read more

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MARINE CORPS CONTROVERSY IGNITES AFTER NUDE PICS OF FEMALE MARINES ARE LEAKED

The United States Marine Corps (USMC) has found itself in the center of a scandal after it was recently revealed that male Marines had been sharing nude and private photographs, videos, and other imagery of female Marines. Using a Facebook subgroup named Marines United, the illicit files were uploaded and shared to whomever was on … Read more

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WHAT HAVE YOU DONE FOR ME LATELY? SUMMARY OF CASE RESULTS FROM 2015

I wanted to take the opportunity and tell our former and perspective clients a summary of the successes for the Jordan UCMJ Law Group in 2015. Summaries of the below victories can be found on our Case Results Page. The summary below details wins in Court Martial Cases, Administrative Separation Board hearings, Board of Inquiries, Article … Read more

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