Time highlights an article put out (dated last fall, but apparently just published) by the Army War College’s publication Parameters that left me scratching my head.  I probably should have stopped reading when I noted the reference to the UniformED Code of Military Justice.  (No, the Code doesn’t wear a uniform.  It’s a set of laws that applies to all military members.)  Or, perhaps the fact that the author doesn’t appear to be a lawyer (not always a requirement for legal analysis), and I’m not sure he has military experience.

In a nutshell, the whole US system of military justice is headed to the fiery pit of Gehenna because the statutory prohibition on homosexual conduct in the military is on its way out.  Specifically, the findings (such as the recognition that the military is a separate society and military service is not a right) underpinning 10 USC 654 are so vital to military justice and personnel issues that military lawyers won’t be able to prosecute cases anymore after the repeal becomes effective because the military relies on 10 USC 654 for guidance in dealing with all sorts of challenges to its policies.

Gregor even cites the pre-shooting failings in Maj Hasan’s case (supervisors didn’t focus on “the whole person” in deciding not to write him up during his schooling) in arguing that military leaders won’t be able to correct off-duty behavior after “Don’t Ask, Don’t Tell” ends:  “Unfortunately, since Section 654 was rescinded, the military will not have authority to assess an officer’s conduct if it does not occur in his or her place of duty.” He bases this on a notion that we’ll return to the O’Callaghan days of requiring a service connection in order to have military jurisdiction over offenses without the statutory findings of 654.  What the ????

Here’s more analysis (including from NIMJ President Eugene Fidell).

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