The December 28, 2023 statement by Secretary of Defense Lloyd J. Austin III of the shifting away of prosecutorial authority from military unit commanders to the “Offices of Special Trial Counsel” is, according to the statement itself: “…the most important reform to our military justice system since the creation of the Uniform Code of Military Justice in 1950.” Depending on how the reform is implemented, it may prove to be ill-advised.
While the new reform is asserted to be only applicable to prosecutorial discretion for thirteen serious criminal offenses, it seriously diminishes command authority and strikes at the heart of a unit’s good order and discipline by arbitrarily removing the commander from consideration as a matter of policy, replacing him with an alternative, overriding, decision-making entity under certain circumstances. Shades of the “political commissars” of the old Soviet Union or Franco’s Fascist forces!
The Secretary’s statement asserts the reform is intended to “ensure our service members’ access to fair and impartial justice.” That is clearly the proper objective of the military justice system, but weakening the command prosecutorial discretion may not focus on the main problem. Furthermore, the Secretary of Defense’s statement did not clearly limit the offenses which will be excluded from the commanders’ prosecutorial discretion under the new reform.
Doubts naturally arise about the fair and impartial application of the reform when one considers the Secretary’s strong views on, for example, the importance of DEI principles. To appreciate those doubts, one need only remember the sad fate that befell Lt. Colonel Matthew Lohmeier, outstanding Air Force Academy graduate and experienced instructor pilot, who was relieved as Commander of the 11th Space Warning Squadron in the new US Space Force, May 14, 2021…and effectively lost his career for complaining about the progressive indoctrination his subordinates were required to receive and writing a book expressing concerns about how post-modernism and political correctness were adversely affecting the national security of the United States.
The new reform is clearly motivated by good intentions, but it will more likely add to the paving on the road to Hell.
If you enjoyed this article, then please REPOST or SHARE with others; encourage them to follow AFNN. If you’d like to become a citizen contributor for AFNN, contact us at managingeditor@afnn.us Help keep us ad-free by donating here.
Truth Social: @AFNN_USA
Facebook: https://m.facebook.com/afnnusa
Telegram: https://t.me/joinchat/2_-GAzcXmIRjODNh
Twitter: https://twitter.com/AfnnUsa
GETTR: https://gettr.com/user/AFNN_USA
CloutHub: @AFNN_USA
Wonder if Austin’s dereliction of duty and disrespecting his Commander-in-Chief is among those “special” cases.