Military Law

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."

Aug 7, 2018 10:56 AM CDT

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.

Jul 17, 2018 3:26 PM CDT

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.

Jul 6, 2018 5:17 PM CDT

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.

May 23, 2018 9:31 AM CDT

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 lawyers who resigned from representing the accused mastermind of the 2000 bombing of the USS Cole after finding a microphone…

May 14, 2018 3:43 PM CDT

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 application for bar admission under a waiver program for military spouses, the ABA says in an amicus brief. Harriet O’Neal…

Mar 29, 2018 3:29 PM CDT

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 ban on transgender people in the military. DOJ lawyers told a federal judge in Seattle that the government will not…

Mar 26, 2018 12:53 PM CDT

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. The newspaper obtained a 15-page declassified prosecution filing that said the lawyers resigned after discovering a microphone in their special client meeting…

Mar 8, 2018 10:30 AM CST

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 filed a notice of appeal Wednesday, saying he plans to appeal the decision by the presiding judge in the Guantanamo Bay case,…

Feb 23, 2018 3:31 PM CST

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.

Feb 14, 2018 4:16 PM CST

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, and hazarding a vessel, report the Associated Press, the Wall Street Journal, the New York Times and the Washington Post.…

Jan 17, 2018 10:00 AM CST

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 Jan. 1. The 4th Circuit is the first appeals court to rule on a government stay request in cases challenging…

Dec 21, 2017 3:37 PM CST

Judge refuses to delay order requiring military to start accepting transgender recruits

The U.S. Justice Department says it is evaluating its next steps after a federal judge in Washington, D.C., on Monday refused to delay her order for the military to start accepting transgender recruits Jan. 1.

Dec 11, 2017 1:32 PM CST

After judge demands answers, US discloses American ISIS suspect in Iraq asked FBI for lawyer

The Justice Department has revealed that an American suspect being held in Iraq as an ISIS suspect told FBI special agents he wanted a lawyer, and was informed it was unknown when one would be provided. The Justice Department revealed the information in a legal filing after U.S. District Judge…

Dec 1, 2017 4:42 PM CST

Federal judge blocks ban on sex reassignment surgeries for service members

A federal judge in Maryland has issued a preliminary injunction that blocks the Trump administration from banning transgender people from serving in the military. U.S. District Judge Marvin Garbis of Baltimore is the second judge to issue an injunction blocking the ban, report the Washington Post, the Washington Times and…

Nov 21, 2017 4:04 PM CST