NEWS ANALYSIS After the killing of Michael Brown in Ferguson, Missouri, by a white cop, in the middle of a street in broad daylight — and the unexpected global outrage it provoked More »
National Lawyers Guild Submits Comments for Improving Military Justice System to Department of Defense Military Justice Review Group
NEW YORK — The National Lawyers Guild (NLG) today submitted comments to the Defense Department’s Military Justice Review Group as part of its comprehensive review of the military justice system. Recommendations to improve More »
Testimonies in ‘Fort Hood Report’ recount unethical health care practices, disregard of medical advice, violations of policy This Memorial Day a national group of Iraq and Afghanistan veterans marked the solemn holiday More »
MLTF member (and past co-chair) James M. Branum, an attorney in Oklahoma City, was a guest on Democracy Now! to talk about Bowe Bergdahl and the legal rights of war resisters. “There Were More »
MLTF is discontinuing one of its phone numbers effective September 20. If you are using our old number, 619-233-1701, please update your records to our main phone line, 619-463-2369. Calls to the former get forwarded, so be sure to check which number you are dialing and make any necessary changes to your listing for MLTF. Calls will no longer be forwarded starting September 20.
Additionally, another phone number published years ago as a contact for MLTF, 415-566-3732, should also be replaced by the current number.
Either of these two previous numbers may appear on very old printed material or outdated web pages. If you have such literature or links, please search our site for more current resources on the topic.
MLTF’s correct phone number:
News Analysis | Marjorie Cohn
President Barack Obama escalated the drone war he has conducted for the past five and a half years by declaring his intention to “degrade and ultimately destroy” the Islamic State, also known as ISIS, or ISIL. Since August 8, Obama has mounted at least 154 airstrikes in Iraq. He will send 475 additional US troops, increasing the total number in Iraq to about 1,600. Obama announced he would conduct “a systematic campaign of airstrikes” in Iraq, and possibly in Syria. But, not limiting himself to those countries, Obama declared the whole world his battlefield, stating “We will hunt down terrorists who threaten our country, wherever they are . . . if you threaten America, you will find no safe haven.”
If, indeed, there were an imminent threat of attack on the United States, Obama would be legally entitled to launch a military operation. The United Nations Charter, which prohibits the use of military force, allows an exception when a country acts in self-defense. Under the well-established Caroline doctrine, the “necessity for self-defense must be instant, overwhelming, leaving no choice of means, and no moment for deliberation.” The only problem is, Obama admitted, “We have not yet detected specific plotting against our homeland.” Citing only the vague possibility of future “deadly attacks,” Obama nevertheless declared a perpetual war with no specific end time.
After the killing of Michael Brown in Ferguson, Missouri, by a white cop, in the middle of a street in broad daylight — and the unexpected global outrage it provoked – the subsequent disproportional response by local law enforcement has made militarization of the police a hot topic that even the most tepid news organizations are recognizing.
Following decades of hyped “wars” on drugs and terror, the federal government got the ingenious idea of equipping local police departments with surplus weapons from the armed forces — presumably because they weren’t using them fast enough around the world and they were offered even more and better weapons by “defense” contractors. Surely, they reasoned, local constabularies could assist in protecting the citizenry from the twin scourges of drugs and terror with which we are at “war.” While this transfer of military equipment has been going on for many years now, the over-the-top police response to protests in Ferguson has shone a light on it and prompted questions about the wisdom of providing police departments with tanks, drones and other implements of (mass) destruction used for fighting actual wars.
Of course, there are a few examples of this mentality that pre-dates “the war on terror.” Even as far back as 1985, the Philadelphia police bombed the home of a local organization, MOVE, which may have presaged some of the problems that could arise with excessive weaponry. MOVE was not especially popular among the populace, but all united in outrage at the bombing.
But it’s only now that most news analysts and policymakers are noticing the rather predictable repercussions of arming local cops like a commando squad in a war zone: Departments with some very powerful new toys will find excuses to use them, because after all, once you are given a hammer, everything is a nail. But one reality about police use of heavy military equipment has gone largely undiscussed. It’s been cloaked by propagandistic news reports and almost universal glib praise for the skill and professionalism of America’s armed forces, but it’s something the MLTF and other groups have always known.
Curbing Convening Authority Power to Alter Court-Martial Convictions Is No Solution, Is Insufficient and Misses the Point
By David Gespass
There is no denying that “sexual assault” (a euphemism for rape and attempted rape) is a serious problem within the military. Indeed, it has always been a problem, though it may now be more serious from the point of view of military authorities because victims, increasingly, are other members of the armed forces rather than civilians.
To date, the solutions that have been proposed are, from the military, more training and, from various civilians (most notably, New York Senator Kirsten Gillibrand), stripping convening authorities of their power to alter court-martial convictions and sentences. The former has been spectacularly unsuccessful. The latter highlights the tension between two important ends, those of protecting people from sexual violence and protecting the due process rights of individuals accused of crime.
Thus far, there has been near universal acknowledgment that the problem exists but little has been done to address, much less solve, it. Indeed, even as sexual violence appears epidemic, elected officials tie themselves in knots praising our men and women in uniform while, at the same time, condemning perpetrators of such violence yet refusing even to consider that the culture of the armed forces promotes it. This is not to say that everyone who enlists is bound to become a predator. Rather, the soil of military culture is one in which potential predators can be nourished and thrive. And our elected officials are loath to suggest such a thing for fear of being criticized as disparaging “our” troops.
This material appeared in the June 2014 issue of On Watch (Volume XXV No.2). The PDF version of the issue is available in the On Watch archive, and a stand-alone memo version is pending.
by James M. Branum
In this article I will be discussing an important area of the UCMJ, Article 15 (NPJ: Non-Judicial Punishment)1. NJP is used by commanders to deal with misconduct issues that are too serious to be dealt with using administrative corrective procedures, but are minor enough to not necessarily be appropriately handled through a full court-martial prosecution.2
While it is often neglected as area of concern by many attorneys, this is a mistake. NJP is one of the most powerful disciplinary tools used by commands to punish servicemembers for “crimes” while avoiding a formal court-martial proceeding.3 As such, the practical ramifications for servicemembers facing NJP can be serious.
In this article I will review the statutory and regulatory basis for NJP and then move to a practical discussion of tactics that can be used in dealing with a possible NJP. Much of this discussion will be relevant for all branches of the military, but I will only be discussing the branch-specific regulations of the Army. If your case involves another branch of the military, it is essential that you refer to the appropriate branch-specific regulations.