factually
Index/People/Braithwaite

Braithwaite

Family name

Fact-Checks

4 results
Jan 6, 2026

What defenses have succeeded in challenging military jurisdiction over retired personnel in recent appellate decisions?

Recent appellate litigation has produced two distinct defensive paths that have sometimes succeeded in pushing back against military jurisdiction over retirees: statutory‑status challenges that argue ...

Jan 6, 2026

Are retired U.S. general officers still subject to the UCMJ today?

Retired U.S. general officers can still be subject to the Uniform Code of Military Justice (UCMJ) today: the statute and prevailing military-court precedent treat certain retirees—including regular-co...

Nov 28, 2025

What Supreme Court and Court of Appeals decisions have shaped jurisdiction over retired service members under the UCMJ?

Courts and Congress have long upheld that certain retirees—principally regular-component retirees who are “entitled to pay” and members of the Fleet/Fleet Marine Corps Reserve—remain subject to the UC...

Nov 27, 2025

How do federal criminal statutes interact with UCMJ jurisdiction for retired military personnel?

Federal law—primarily Article 2 of the UCMJ—currently treats certain retirees (regular-component retirees “entitled to pay,” Fleet Reserve/Fleet Marine Corps Reserve members, and some reservists in sp...