United States of America Ex Rel. Dominic Guagliardo v. Neil H. McElroy Secretary of Defense, Department of Defense

The majority holds invalid a conviction of a civilian employed overseas by the Air Force, under Article 2, Uniform Code of Military Justice, for theft of Government property (valued at over $4000). They do this even though, as I shall try to demonstrate, there is no other feasible means of law enforcement available at a foreign military base for crimes against the United States. While purporting to make a narrow decision, the consequence of the majority holding is to strike down, for all practical purposes, all of the Uniform Code of Military Justice which relates to trial of non-military…