Court-Martial Trial Practice Blog
And is it possible there may be no easy nights?
1. Is he a retiree, and thus potentially subject to recall for the purpose of prosecution under the UCMJ.
Here is a Mil. L. Rev. article on Article 2(a)(4) and (6), UCMJ (2102), and check out the following:
Person v. Bloss, 28 M.J. 376 (C.M.A. 1989).
United States v. Hooper, 26 C.M.R. 417 (C.M.A. 1958). This is the famous Rear Admiral sodomy case.
United States v. Overton, 24 M.J. 309 (C.M.A. 1987).
Keep in mind the above cases were pre-Solorio.
United States v. Allen, 32 M.J. 209 (C.M.A. 1991), cert. denied Allen v. United States, 503 U.S. 946 (1992) (Allen v. United States, 46 Fed. Cl. 677, 2000 U.S. Claims LEXIS 93 (2000)), more well known for it being a significant UCI case. But the charges involved “disobeying regulations by copying and removing or communicating classified materials, and of espionage on behalf of the Government of the Republic of the Philippines[.]”
And of course we have United States v. Hennis (a crime on active duty case).
2. Did he sign this standard Classified Information Non-Disclosure Agreement?
3. Did he sign this standard Sensitive Classified Information Non-Disclosure Agreement? Based on his duties, it is likely he was granted access to SCI. See para. 4 as to prepublication review.