Military Law

678 ABA Journal Military Law articles.

Second judge in a row leaves USS Cole case to join immigration court
This fall, the former judge in a high-profile Guantanamo terrorism case caused controversy by leaving the military in order to become an immigration judge. Another judge was appointed to replace him. Now, the replacement judge is also leaving to become an immigration judge, the Miami Herald reported Monday.
Differing with other courts, DC Circuit refuses to block limits on transgender people in military
A federal appeals court has dissolved an injunction that had blocked President Donald Trump’s limits on transgender people serving in the military.
Developments in Guantanamo detainee’s case point to an uncertain future

Substantial developments in the Guantanamo military commission case against Abd al-Rahim al-Nashiri have complicated an already complex and unusual situation.

The ABA Journal featured al-Nashiri’s case in its November…

JAG Corps captain’s journey took him from Bushido to the bar

Shane Blank’s law career was influenced by Bushido: The Soul of Japan, a book written by Inazo Nitobe in 1899. The samurai code inspired Blank to embrace adversity, join the the U.S. Air Force JAG Corps and discover in law the ways of the warrior.

Veterans may sue over discharges they say were result of untreated mental health problems

A Connecticut federal judge on Thursday certified a proposed class action from tens of thousands of Navy and Marine Corps veterans who say they were discharged for reasons related to…

Veterans Day and the role of volunteer lawyers
As we come together on Veterans Day to honor the sacrifices of our fellow Americans in their military service, we must not forget the many challenges that continue after their separation from active-duty service.
Legal ethics questions and accusations of spying have stymied Guantanamo terrorism trial

Abd al-Rahim Hussein Muhammad al-Nashiri’s civilian defense team quit. They found a microphone in the room where they met with their client, who is charged in the bombing of the USS Cole. The government says that microphone was never turned on, but thanks in part to a history of spying on defense lawyers at Guantanamo, lawyers didn’t trust those reassurances.

Is controversial Guantanamo judge now an immigration judge? Defense asks to throw out his rulings
A retiring military judge whose handling of a Guantanamo military trial raised eyebrows appears to have been hired as an immigration judge, the Miami Herald reported last Friday.
Military spouse denied waiver for bar admission gets another chance to make her case

The Georgia Supreme Court has vacated a decision that denied bar admission to a lawyer seeking to practice in the state under a waiver program for military spouses.

The court…

Military high court finds that top Navy lawyer engaged in unlawful command influence

A conviction against a Navy SEAL accused of rape was tossed Wednesday by the U.S. Court of Appeals for the Armed Forces because of unlawful command influence by the Navy’s…

ABA House urges Congress to protect transgender service members in the military
The ABA House of Delegates on Tuesday voted for a resolution in support of transgender service members in the military, calling on the federal government "to recognize that service by persons who otherwise meet the standards for accession or retention, as applicable, in the United States Armed Forces should not be restricted, and transgender persons should not be discriminated against, based on gender identity."
Army reverses discharge of immigrant soldier at center of media coverage
The U.S. Army has reversed its discharge of a Brazilian-born recruit after his ouster garnered widespread media coverage.
Immigrant soldier sues Defense Department for discharging him without explanation
A private in the U.S. Army Reserve has sued the Army for discharging him without warning or explanation, apparently because of his participation in a program for immigrants.
Gitmo military commissions should end or be reformed, says report shared with Congress in ABA letter
A panel of experts in national security and military law recommends either ending or reforming the military commissions being used to try terrorism suspects at U.S. Naval Station Guantanamo Bay, Cuba, according to a report the ABA shared in letters sent to two Congressional committees Tuesday.
DC Circuit orders US to submit information about any attorney-client eavesdropping at Guantanamo

A federal appeals court has ordered the U.S. government to submit classified information about possible attorney-client eavesdropping at Guantanamo Bay.

The appeals court acted in a case filed by two…

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