Editor’s note: An earlier version of this essay was posted, on Dec. 15, 2021, as an executive summary on CAAFLog, where Lt. Col. Maurer serves as an editor in his personal capacity. This essay reflects his own opinions and not the official position or policies of any part of the U.S. government.
On Dec. 15, the Senate passed the National Defense Authorization Act (NDAA) for Fiscal Year 2022 by a vote of 88-11, sending the bill (which the House approved the week before by a margin of 363-70). President Biden signed the bill into law on Dec. 27.
Notably, the military justice portions of the final bill reflect a contentious compromise following competing versions that developed over the last year in the House and Senate. Conflict over the bill generated an intense amount of press coverage, a reactionary (but meant to be curative) Department of Defense “Independent Review Commission,” no small amount of opinion writing and greater than typical congressional interest in this part of Title 10. The various proposals were distinguished by—primarily—how much discretionary court-martial disciplinary authority would be removed from commanders (Would it be for some types of crime, like sexual assault, or for all “felonies” or “major crimes?”) and what kind of authority would fill the vacuum (Would it be some type of military or civilian independent prosecutorial office answering to senior civilian officials in the Pentagon rather than a disaggregated population of senior commanding...
Read Full Story: https://www.lawfareblog.com/what-fy-2022-ndaa-does-and-does-not-do-military-justice
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