Military Law

626 ABA Journal Military Law articles.

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…

ABA brief supports procedural rights of lawyer denied military spouse waiver for bar admission

The Georgia Board of Bar Examiners may have violated the procedural due process rights of a lawyer licensed in Louisiana when it offered no explanation for its denial of her…

US refuses to identify experts consulted on transgender troop ban, seeks lifting of injunctions

A day before Donald Trump approved new limits on transgender troops, the U.S. Justice Department said it would not identify generals and military experts the president consulted before his first…

Hidden microphone was reason for defense lawyers quitting USS Cole bombing case

The Miami Herald has learned why three civilian defense lawyers resigned from representing their Guantanamo client, the accused mastermind of the bombing of the USS Cole in 2000.


Prosecution in USS Cole case at Guantanamo appeals suspension of trial

The chief prosecutor in the USS Cole bombing trial has appealed the judge’s decision to suspend the case, the Miami Herald and Law360 report.

Lead prosecutor Mark Miller…

Arrests are a possibility for 2 defense lawyers who quit USS Cole case over classified issue
A Guantanamo judge has ordered prosecutors to draft writs of attachment for two civilian defense lawyers who quit the USS Cole terrorism case over a classified issue involving compromised attorney-client privilege.
Navy plans to seek negligent homicide and other charges in fatal ship collisions

The U.S. Navy plans to seek charges against five officers involved in two ship collisions that killed 17 sailors last year.

Charges being sought include negligent homicide, dereliction of duty,…

4th Circuit refuses to stop admission of transgender people in the military starting Jan. 1

The Richmond, Virginia-based 4th U.S. Circuit Court of Appeals has refused the government’s request for a partial stay that would stop the admission of transgender recruits to the military starting…

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