Tag: supreme court

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Things are heating up now that President elect Biden is choosing his cabinet. The following example shows you what I mean:

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Once again, lawmakers must decide whether to allow a retired general officer to serve as defense secretary even though he has been out of uniform for less time than the seven years required by law.

Retired Army Gen. Lloyd Austin left active-duty in 2016 after 41 years of service. He is a Silver Star recipient and has had extensive command experience. If confirmed by the Senate, he would also be the first Black man to lead the Defense Department.

Slotkin, a former CIA analyst who worked with Austin when he was on active-duty, said she has deep respect for the retired general. 

However, the defense secretary’s job is to ensure civilian control over the military, added Slotkin, who served as acting Assistant Secretary of Defense for International Security Affairs from 2015 to 2017.

“That is why it requires a waiver from the House and Senate to put a recently retired military officer in the job,” Slotkin said in the statement. “And after the last four years, civil-military relations at the Pentagon definitely need to be rebalanced. General Austin has had an incredible career — but I’ll need to understand what he and the Biden Administration plan to do to address these concerns before I can vote for his waiver.”

Biden added that he understands and respects the reason why officers are legally required to be out of uniform for a certain period of time before assuming the mantle of defense secretary.

“I would not be asking for this exception if I did not believe this moment in our history didn’t call for it – it does call for it – and if I didn’t have the faith I have in Lloyd Austin to ask for it,” Biden said.

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Sexual harassment, or even rape, has been going on for far too long in the military. I have a whole chapter in my new book, Signs of Hope for the Military: In an Out of the Trenches of Life, on rape, and an interview with a nurse who took care of two women who had been raped. Heart breaking stories.

The Supreme Court on Thursday delivered a big win for survivors of sexual assault in the military by closing a loophole that allowed three convicted rapists to walk free.

“I fought so hard to get the justice to have him put away for what he did,” Air Force veteran Harmony Allen told CNN about her rapist, Master Sgt. Richard Collins, in an article last year.

Collins raped Allen in August 2000, but he was not convicted until 2017. But a year later, a 2018 ruling by the U.S. Court of Appeals for the Armed Forces (CAAF) instituted a five-year statute of limitations on military rape cases between 1986 and 2006, and Collins walked free.

“To have that ripped away after finally getting it is so hurtful and crushing and it just questions my belief in the justice system,” Allen said.

CAAF’s 2018 ruling reversed decades of precedent. Under Article 120(a) of the Uniform Code of Military Justice, rape is one of several crimes that is punishable by death in the military, and thus has no statute of limitations. But in 2018, CAAF pointed out the Supreme Court’s 1977 ruling in Coker v. Georgia that the Eighth Amendment forbids a death sentence for the rape of an adult women. 

So if rape cannot be punished by a death sentence under the Constitution, CAAF reasoned, then military rape is not a capital offense and thus is subject to statutes of limitations. But the Supreme Court disagreed.

“Respondents argue that the logic of the decision in Coker applies equally to civilian and military prosecutions, but the Government contends that the military context dictates a different outcome,” wrote Justice Samuel Alito in his opinion. “Among other things, the Government argues that a rape committed by a service member may cause special damage by critically undermining unit cohesion and discipline and that, in some circumstances, the crime may have serious international implications.”

Further, while Coker led to Congress changing the maximum penalty for rape in civilian cases from death to life imprisonment, Congress made no such change in the UCMJ, the justice wrote.

“On the contrary, in 2006 Congress noted that death would remain an available punishment for rape,” he added.

Alito pointed out that the “trauma inflicted by such crimes may impede the gather of the evidence needed to bring charges. Victims may be hesitant for some time after the offense about agreeing to testify. Thus, under current federal law, many such offenses are subject to no statute of limitations.”

A former Chief Prosecutor of the Air Force celebrated the decision.

“The unanimous nature of this opinion is a testament of just how wrong the lower court’s opinion was,” said Col. Don Christensen (ret.), president of the advocacy group Protect Our Defenders, in a press release. “Justice has been restored for three survivors and hope has been restored for countless others.”

Justice Amy Coney Barrett did not vote in the decision because the case was argued in October, before her confirmation.

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The Christmas rush is, hard at best, to handle. Then there is the ugly pandemic raising up even more.

How are you holding up, my friend? Is the rush and the world too fast for you?

You are not alone! There are over 10,350 other veterans on this site who have your back.

BUT! If it is just too overwhelming for you, Get Help!

Here is a toll free number to call 24/7. There are highly qualified counselors there to help you. They will not hang up until they know you are OK.

Don’t live in this world alone!

1-800-273-8255 Option # 1

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Remember:

You are never alone.

You are never forsaken.

You are never unloved.

And above all…never, ever, give up!

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