![\"\"](\"https:\/\/www.azuse.cloud\/wp-content\/uploads\/2019\/06\/constitution-quill-300x198.jpg\")
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There is a new ruling now regarding retirees and courts martial. The retirees will no longer be brought back from retirement to face those proceedings.<\/p>\n
https:\/\/www.military.com\/daily-news\/2019\/08\/09\/new-bombshell-legal-opinion-says-military-retirees-cant-be-court-martialed.html<\/a><\/p>\n From the article:\u00a0\u00a0A new legal opinion from the\u00a0Navy<\/a>–Marine Corps<\/a>\u00a0Court of Criminal Appeals says court-martialing military retirees is unconstitutional — and the reason concerns the issue of retirement\u00a0pay<\/a>.<\/p>\n Chief Judge Navy Capt. James Crisfield delivered the opinion last week, joined by Senior Judges Navy Capt. Marcus Fulton and Marine Col. Jonathan Hitesman. The decision was made as a result of an appeal from retired Chief Petty Officer Stephen Begani, who was court-martialed after leaving the Navy on charges of attempted sexual abuse of a child. – article<\/p>\n The opinion was based on the 5th Amendment’s Due Process clause – the guarantee of equal protection under the law.<\/p>\n From the article: “Congress has determined that some, but not all, military retirees should remain subject to the Uniform Code of Military Justice (UCMJ) while they are retired,” Crisfield wrote. “… Accordingly, the sections of the UCMJ subjecting regular component retirees to UCMJ jurisdiction are unconstitutional.” – article<\/p>\n","protected":false},"excerpt":{"rendered":"