Justia Military Law Opinion Summaries

Vandenberg Air Force Base is a designated a “closed base.” Civilians may not enter without express permission. The Air Force has granted an easement over areas of the Base, so that two public highways traverse the Base. One highway has an adjacent area designated for peaceful protests. The Base commander enacted rules to control the protest area and issued an advisory that anyone who fails to adhere to those policies may be barred from entering the Base. Apel was barred from the Base for trespass and vandalism, but continued to enter the protest area and was convicted of violating 18 U.S.C. 1382, prohibiting reentry of a “military... installation” after having been ordered not to do so “by any officer or person in command.” The district court rejected his defense that the section does not apply to the protest area. The Ninth Circuit reversed. The Supreme Court vacated and remanded. A “military ... installation” encompasses the commanding officer’s area of responsibility, including Vandenberg’s highways and protest area. Section1382 does not require exclusive possession and control. Although the highways and protest area are outside fenced areas on the Base, the entire Vandenberg property is under the administration of the Air Force. Although the Base commander has occasionally closed the highways to the public for security purposes or when conducting a military launch, section 1382 does not require base commanders to make continuous, uninterrupted use of a place within their jurisdiction, lest they lose authority to exclude certain individuals. View "United States v. Apel" on Justia Law

Vandenberg Air Force Base is a designated a “closed base.” Civilians may not enter without express permission. The Air Force has granted an easement over areas of the Base, so that two public highways traverse the Base. One highway has an adjacent area designated for peaceful protests. The Base commander enacted rules to control the protest area and issued an advisory that anyone who fails to adhere to those policies may be barred from entering the Base. Apel was barred from the Base for trespass and vandalism, but continued to enter the protest area and was convicted of violating 18 U.S.C. 1382, prohibiting reentry of a “military... installation” after having been ordered not to do so “by any officer or person in command.” The district court rejected his defense that the section does not apply to the protest area. The Ninth Circuit reversed. The Supreme Court vacated and remanded. A “military ... installation” encompasses the commanding officer’s area of responsibility, including Vandenberg’s highways and protest area. Section1382 does not require exclusive possession and control. Although the highways and protest area are outside fenced areas on the Base, the entire Vandenberg property is under the administration of the Air Force. Although the Base commander has occasionally closed the highways to the public for security purposes or when conducting a military launch, section 1382 does not require base commanders to make continuous, uninterrupted use of a place within their jurisdiction, lest they lose authority to exclude certain individuals. View "United States v. Apel" on Justia Law

Claimant appealed from a judgment of the district court ordering the forfeiture to plaintiff United States, pursuant to 22 U.S.C. 401(a), of certain communication-jamming devices, to wit, the defendant-in-rem Jammers, owned by claimant and a company of which he was the majority shareholder and CEO. On appeal, claimant contended that the district court erred in dismissing his claim, arguing principally that the stipulation he signed was void on the grounds that it was signed under duress and without consideration. The court held that, as a matter of New York law, no consideration for claimant's agreement to the release was needed; and thus, if consideration was absent, its absence did not make the stipulation invalid. The court also held that claimant's assertions did not meet any part of the test of duress. The court further held that the district court correctly granted the government's motion to strike or for summary judgment on the ground of claimant's lack of Article III standing. Accordingly, the judgment was affirmed. View "United States v. Twenty MilJam-350 IED Jammers" on Justia Law