Former Marine challenges power of courts-martial to try military retirees scotusblog.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from scotusblog.com Daily Mail and Mail on Sunday newspapers.
A federal appeals court has held that Congress did not exceed its constitutional authority when it allowed court-martial jurisdiction over a service member who was retired from active duty and working as a civilian employee.
DC Circuit finds court-martial of military retirees constitutional courthousenews.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from courthousenews.com Daily Mail and Mail on Sunday newspapers.
The Court of Appeals for the Armed Forces. Wikipedia image
17 Mar 2021
The Court of Appeals for the Armed Forces, or CAAF, heard arguments March 9 in the case of a retired Navy sailor who is challenging the constitutionality of his conviction by court-martial after he left military service.
Attorneys for retired Chief Petty Officer Stephen Begani say the current laws are flawed because they treat retired members of the active and reserve forces differently when it comes to recalling them for court-martial, and Congress overstepped its authority in making active-duty retirees subject to court-martial.
The government has argued that the military proceedings were fair because Begani, as a member of the Naval Fleet Reserve, which includes enlisted Navy retirees who leave active service after 20 years but under 30 years and receive retainer pay rather than retired pay, was subject to recall to military service in a national emergency.