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Yes — long-standing federal practice and recent court decisions hold that many military retirees remain subject to court-martial jurisdiction, including for some offenses committed after retirement; t...
Military law today reaches a narrower but serious set of post‑retirement crimes: the offenses that most commonly prompt courts‑martial of retirees are grave violent crimes (murder, rape, sexual assaul...
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 ...
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...
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...
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...
Retired officers who remain “entitled to pay” or are on reserve lists can be subject to UCMJ jurisdiction and even recalled to active duty — a legal position courts and commentators have recently affi...
Appellate courts in the military and civilian systems over the last decade have treated refusal to follow orders as fact-specific: courts repeatedly emphasize that orders are presumed lawful but that ...