Recent Developments in Military Justice 6 Feb 2025: UCMJ-Related Proceedings
The United States military justice system, governed by the Uniform Code of Military Justice (UCMJ), addresses a wide range of offenses committed by service members. Recent cases highlight the system’s approach to both court-martial proceedings and other disciplinary actions under military law.
UCMJ-Related Proceedings Without Court-Martial
1. Coast Guard Commandant’s Removal
In January 2025, Admiral Linda Lee Fagan, the U.S. Coast Guard Commandant and the first woman to lead any U.S. service branch, was terminated due to poor recruitment rates and a loss of trust. Acting Homeland Security Secretary Benjamine Huffman announced her removal after what he termed “a long and illustrious career.” Adm. Kevin E. Lunday has been named the acting commandant.
A senior official cited Fagan’s failure to meet recruitment goals, mishandling of sexual assault cases, excessive budget use, and poor collaboration with the Department of Homeland Security. Congressional Republicans criticized Fagan’s focus on diversity, equity, and inclusion (DEI) initiatives, claiming it hindered military readiness and contributed to lower recruitment and retention rates. The delayed disclosure of sexual assaults at the Coast Guard Academy also damaged trust.
Legal Perspective: This case highlights the potential career consequences for high-ranking military officials based on performance evaluations and internal investigations, even in the absence of court-martial proceedings.
Defense Strategies: While not a criminal proceeding, defense counsel could assist in challenging the grounds for removal by presenting evidence of achievements, mitigating factors, or procedural errors in the decision-making process.
Potential Outcomes: Administrative actions, such as removal from position, can have significant career implications, including loss of command, reduction in rank, or forced retirement.
2. Transgender Service Members Facing Discharge
In February 2025, legal filings revealed that the U.S. military is pursuing actions to remove transgender service members and is rejecting transgender applicants, following an executive order signed by President Trump targeting transgender troops. The order asserts that individuals identifying as a gender different from their biological sex lack the qualities necessary for service members. Changes proposed include a ban on “invented” pronouns, with Defense Secretary Pete Hegseth given 60 days to implement these measures. Civil rights groups have filed for a temporary restraining order to maintain existing policies and prevent the removal of transgender troops. A hearing has been set by U.S. District Judge Ana Reyes.
Legal Perspective: This situation underscores the evolving policies regarding transgender individuals in the military and the legal challenges associated with policy changes.
Defense Strategies: Legal counsel can assist affected service members by challenging the policy changes through litigation, arguing violations of constitutional rights, and seeking injunctions to prevent discharge.
Potential Outcomes: Depending on the legal proceedings, outcomes could range from the upholding of the policy and subsequent discharges to the blocking of the policy’s implementation, allowing transgender service members to continue serving.
The Role of Civilian Military Defense Counsel
Experienced civilian military defense attorneys play a crucial role in navigating the complexities of the UCMJ and advocating for service members’ rights.
