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Article 32 Investigation

The Article 32, UCMJ, investigation is the equivalent of a pretrial hearing in civilian court.

The procedure was changed substantially by Congress in 2019. Now the hearing is no longer a discovery tool for the defense or intended to be a "bulwark" against baseless charges. Now it is much like the Federal Rule of Criminal Procedure 5.1.

That the new Article 32 is supposed to be like the preliminary hearing for a civilian accused is not the problem. The problem is that, unlike in federal district court, the convening authority can still prosecute. If a magistrate judge in federal court does not find probable cause the charges are dismissed.

Here is the new Article 32 and you can immediately see how a servicemembers is discriminated against and treated unfairly. Basically, even though there is no probable cause you can be made to face court-martial. 


Here is a link to the Policy Subcommitte Article 32, UCMJ, Preliminary Hearing Assessment of the DAC-IPAD.

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Many years after retiring from the USN, I suddenly found myself in a very unwelcome legal matter with the Navy. It was a total shock and I was very concerned as to the impact this would have on me and my family. Philip was so helpful, truly a calming force, and his legal help was invaluable to me, I am so thankful that I availed myself of his services! Rob
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