The U.S. Supreme Court has upheld the Defense Department's authority to prosecute retired service members for crimes they commit, even after retirement.
The court on Tuesday chose not to hear the case of a retired Marine who was court-martialed for a sexual assault he committed three months after leaving the service in August 2015. By not accepting the case, Larrabee v. the United States, the court upheld the status quo: that military retirees are subject to the Uniform Code of Military Justice.
Attorneys for the former captain of the Navy destroyer USS Fitzgerald, charged with negligent homicide in the deaths of seven U.S. sailors during last July’s collision with a commercial vessel off the coast of Japan, have lashed out at the Navy for allegedly “litigating this case through the media.”
Photo illustration by Aaron Provost/U.S. Navy/Mass Communication Specialist 2nd Class Christopher Gordon
During the November 2017 Halifax International Security Forum, the Air Force Gen. John E. Hyten, commanding general of U.S. Strategic Command, responded to a question about a hypothetical order from President Donald Trump to launch a nuclear strike, saying: “I provide advice to the President. He’ll tell me what to do, and if it's illegal, guess what's going to happen? I'm gonna say, 'Mr. President, that's illegal.' Guess what he's going to do? He's going to say, 'What would be legal?' And we'll come up with options or a mix of capabilities to respond to whatever the situation is, and that's the way it works. It's not that complicated."
Sgt. Bowe Bergdahl, the Army soldier who walked off his outpost in Afghanistan and into Taliban captivity for five years before his rescue and controversial return to the United States, is expected to avoid a military trial by pleading guilty to "desertion and misbehavior before the enemy," military sources told the Associated Press Oct. 6.