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With all the wonder a new year brings, one can’t help but look back at the old year—if only to say thank goodness it’s over. Although many residents in the community struggled with inflation, world turmoil and the ongoing effects of the pandemic, there were, to be sure, a few positive moments to chew on.
'I am Vanessa Guillén Act' Praised as Calls for Removing COs from Sexual Assault Prosecutions Mount Lt. Gen. Pat White greets Congresswoman Jackie Speier, the representative to California's 14th District, at the start of congressional delegation visit at Fort Hood, Texas, May 5, 2021. (U.S. Army/Sgt. Evan Ruchotzke) 25 May 2021 Medill News Service | By Karli Goldenberg Less than a month after the anniversary of 20-year-old Army Spc. Vanessa Guillén's disappearance, Reps. Jackie Speier, D-Calif., and Markwayne Mullin, R-O...
Despite Pentagon officials acknowledging the need to reform military justice, vocal defenders still persist that prosecution authority must remain in the hands of commanders, not prosecutors.
Curry v. Secretary of the Army did not say that commanders must retain the authority to prosecute servicemembers. Instead, Curry says that Congress has the power under the rules clause of the Constitution to decide who prosecutes courts martial, not the courts. Thus, the Curry court leaves it to Congress in a well-recognized act of judicial deference. If, as proposed, the Senate bill removes the commander from making prosecution decisions, the federal courts will defer to Congress with challenges to that structural change. More troubling is the misapplication of the Supreme Court’s Solor...