Military Tribunals 2021 - Trump supporters, including ex-military Larry Brock Jr., wearing green helmets, enter the U.S. Senate chamber on Jan. 6, 2021. (Photo by Vin McNamee/Getty Images)
Pictured on Jan. 6, 2021, are Lt. Col. Larry R. Brock Jr., a 53-year-old former Air Force officer, stands in the Senate chamber of the U.S. Capitol wearing a military-style helmet, tactical vest and camouflage jacket with his military service pack.
Military Tribunals 2021
Brock was arrested in Texas on January 10 after his ex-wife recognized him in a photo and contacted the FBI. Of the 443 people charged in connection with the Capitol attack, at least 49 are linked to the military, according to the George Washington University Program on Extremism. He faces four federal charges and has yet to be arraigned.
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Although Brock seems like a candidate for a lawsuit, he's not. In fact, the military often does not accept members of the military, a process that can lead to prison terms, punishment, and loss of pay and benefits.
As the Justice Department continues to identify and charge current and former service members in connection with the January 6 incident, the documentary examines the context.
Court-martials are primarily non-U.S. courts, such as foreign jurisdictions, and serve as enforcement of the Uniform Code of Military Justice (UCMJ) or criminal laws governing the U.S. Armed Forces. The UCMJ applies to all active duty service members, all active duty retirees, all active reservists, all National Guard members, and retired reservists over age 60 who are on military retirement or in the hospital.
Reservists who retire before age 60 are automatically subject to civilian jurisdiction, said Butch Bracknell, a former Marine Corps officer and military lawyer known as the Judge Advocate General, or JAG. That category includes Brock, Air Force Lt. Col. Malinda Singleton confirmed to FRONTLINE.
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Although Department of Defense policy states that service members must not "actively support the doctrine of a dominant, extremist, or criminal group," the UCMJ does not make membership in an extremist group a punishable offense. Instead, under Article 143 of the UCMJ, service members can be charged for engaging in conduct that violates "discipline and order," such as disorderly conduct, battery, or intimidation, if the conduct endangers military operations.
The DOD has acknowledged that engaging in events like the one on Jan. 6 could threaten the military's reputation, "undermining Americans' confidence in those who serve," Defense Secretary spokeswoman Candice Tresh told FRONTLINE in an email.
According to two former JAGs and two military law experts who spoke to FRONTLINE, there is no requirement to file a case against an army serviceman. Instead, the military could turn to federal or local prosecutors, depending on whether all parties agree they are "in the best position to prosecute the case," a DOJ spokeswoman, the Air Force, Navy, Marine Corps, Coast Guard and representatives confirmed. Army.
All experts with FRONTLINE agreed that federal courts have more resources for effective investigations and prosecutions. In practice, this often leads to indictments, as in the case of all 49 people with military ties charged as of January 6.
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"When you really get down to it, push comes to shove, do we want these guys to be successfully prosecuted?" Victor Hansen, a retired Army lieutenant colonel and now a New England law professor in Boston, asked JAG about the Jan. 6 uprising. "Who has the tools, who has the know-how, who has the experience, who has the resources to be successful in prosecution?"
"We all need to hold everyone involved accountable to the best of our ability," DOD Commander Tresh told FRONTLINE.
Military legal experts told FRONTLINE that military prosecutors lack the rigors of a fair, independent investigation and should be used as a last resort.
"You're not getting the basic protections the Constitution provides," Eugene R. Fidell is a senior fellow at Yale Law School and former president of the National Institute of Military Justice, a nonprofit organization. “If you are tried in civil court, you are tried before federal district judges. You cannot be convicted of a crime until you are indicted by a grand jury. You have the right to a unanimous, 12-member jury. "
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Furthermore, in a trial, "except in extreme cases, the jury is not supposed to be unanimous," Fidell said. "The members of the jury are selected by the commander, not by an independent jury commissioner. This is something we should have reformed a long time ago.
Cases challenging the constitutionality of military trials for crimes committed after retirement are currently before the Court of Appeals for the United States Armed Forces, or CAAF, the highest appellate court for the military, and the last stop is the US Supreme Court. CAAF has not yet decided whether to review the case.
After January 6, the military is under pressure to check extremism in the armed forces.
Earlier this year, FRONTLINE and ProPublica identified 20 U.S. and current U.S. service members with ties to Boogaloo Buoy, an extremist anti-government movement, including an Air Force sergeant covered by Berkeley Journalism's Investigative Reporting Program. Last month, a USA Today investigation found that over two decades, the Navy and Marines released 13 people investigated for white supremacy without formal charges.
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Defense Secretary Lloyd J. implement recommendations. Austin also said the DOD will update its definition of extremism among military personnel.
But when FRONTLINE asked what the new definition intended to do, the DOD did not respond. DOD also did not address whether it is considering changes to the UCMJ. There is no timetable for when the statement will be updated.
Some believe a tougher stance is needed to combat radicalization in the military. Kyle Beebe, a former Marine Corps captain who is now director of the National Defense Campaign, a veteran-led political activist organization, told FRONTLINE: "The United States."
In 2012, the FRONTLINE documentary "Alaska Gold" delved into the fight for the future of Bristol Bay's waters.
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What happened to Vladimir Putin and the Russian opposition politicians and journalists who spoke openly about cracking down on protesters and critics? 2015 In this Oct. 23 photo, U.S. Army Brig. Gen. Mark Martins, the attorney general of the US mission at Guantanamo Bay, Cuba, speaks during a break in the investigation of the alleged masterminds of the 9/11 attacks. (AP Photo/Ben Fox, File)
WASHINGTON - The Army general who spent the past decade leading the charge of prosecuting the five men responsible for the 9/11 attacks at Guantanamo Bay is stepping down and stepping down as prosecutor. .
Brigade. Gen. Mark Martins and a civilian employee of the Department of Defense made the disclosure in a letter sent late Thursday to the families of those killed in the Sept. 11, 2001, attacks. governed by tribunals.
According to a transcript obtained by The Associated Press, Martins decided to leave now because 10 years is "the longest an officer can serve in one position." Also, the planned resumption of trials after a gap of more than a year due to the pandemic means "time to transition to new leadership" for the detention tribunals held at the US base at Guantanamo Bay, Cuba.
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"There is an ideal window to identify and place a successor before the merits phase begins," Karen Loftus, director of the prosecution's victim witness assistance program, said in the letter.
Martins, a classmate of former President Barack Obama at Harvard Law School, became an advocate of the widely criticized tribunals, or commissions, that combine civil and legal elements. He has since stopped speaking publicly about the trials, which have faced legal challenges and could be shut down altogether if President Joe Biden is incarcerated at Guantanamo Bay.
Martins did not return messages Friday, and the mission's office declined to comment, saying a judge will decide whether to postpone the preliminary hearing. His retirement was reported by the New York Times.
After taking office as attorney general in 2011, Martins predicted that renewed commissions would be pursued for the five men charged in the September 11 attacks.
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