A Celebration of Sorts . . . CAAFlog passes 1,000 Posts – And No Man Still Writes About Art. 2, UCMJ
First, lets raise a glass to CAAFlog, the man or the blog, for CAAFlog has passed 1,000 posts since its founding about 1 year, 6 months and 5 days ago. That’s almost two posts a day, not bad for a tiny blog on an obscure legal subject by one mental giant and, initially, 3 not so much tag alongs. Anyone remember the first case discussed on CAAFlog (no peeking at the blog archive)? Answer here. Since then we have added two dead contributors, one former AFCCA judge contributor, a website, and hours of reading pleasure for our two faithful commenters (JO’C and Anonymous). Since Sacramentum apparently deployed to a land far far away, we now are the undisputed top of the military justice blog world.
Now, on to the Art. 2, UCMJ article in the recent edition of The Reporter. Good article, but the withholding memo issued by SecDef a few days before the article’s release made it a bit of old news. As we here in the blogging industry know, timing is everything. When BGen Ehrhart presented the article at the ABA conference last Fall, his timing was impeccable. A draft Art. 2 withholding memo was making its rounds in the world and speculation was ripe about the potential final draft. Alas, timing was not on the Gen.’s side.
However, I appreciated BGen Ehrhart’s summary of recent MEJA and related cases. It was very informative. I do have to disagree with part of BGen Erhart’s conclusion, that application of the UCMJ to civilians serving with or accompanying US armed forces in contingency operations will help keep us from “losing the [peace]” due to a lack of discipline by civilians. I think application of the UCMJ to civilians in times of contingency operations, where US District Court jurisdiction is only a US military transport plane ride away, will only unduly complicate the issue of contractor personnel misconduct with unnecessary constitutional issues. I believe the extension of MEJA, in conjunction with removal provisions in current US government contracts, is the correct course. The sooner DOD, DOJ and the legislative branch agree on all encompassing new legislation, the sooner this issue will be put to rest. BZ to BGen Ehrhart for tackling a tough topic and offering solid recommendations.