Posted on Aug 14, 2019

New 'Bombshell' Legal Opinion Says Military Retirees Can't Be Court-Martialed

MAJ Montgomery Granger

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A new legal opinion from the Navy-Marine Corps Court of Criminal Appeals says court-martialing military retirees is unconstitutional -- and the reason concerns the issue of retirement pay.

New 'Bombshell' Legal Opinion Says Military Retirees Can't Be Court-Martialed

Posted from military.com

Posted in these groups: Legal scales books gavel image1

Court Martial Imgres

Law

Constitution

Posted >1 y ago

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Capt Gregory Prickett

Posted >1 y ago

The thing that people need to remember is that the opinion does not cover Army or Air Force personnel, only the Navy and the Marines. Second, this is likely to be appealed by the government to the Court of Appeals for the Armed Forces, and after that to SCOTUS.

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SSgt James Holt

>1 y

Wouldn't that violate the equal protection clause of the 14th amendment?

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Capt Gregory Prickett

>1 y

SSgt James Holt - the opinion cited in this article was withdrawn and the NMCCA upheld the conviction. I don't know if Begani is appealing to the CAAF or not.

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