On January 1, 2021, the “William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021” became law. Section 554 of the NDAA, “Inspector General Oversight of Diversity and Inclusion in Department of Defense; Supremacist, Extremist, or Criminal Gang Activity in the Armed Forces,” established oversight requirements for programs that are essential to the effectiveness of the DoD, the safety of its military and civilian personnel, and the trust in which it is held by the American people. Section 554(b) requires the Secretary of Defense (SecDef) to establish standard policies, processes, mechanisms, and reporting requirements for prohibited activities, and to submit an annual report to the appropriate congressional committees detailing the implementation of Section 554(b) requirements. Ten members of the Air Force were investigated for trespassing at the U.S. Capitol during the Jan. 6 pro-Trump riot that briefly shut down Congress, according to new extremism statistics released in a Defense Department inspector general report. Konstantin Toropin and Travis Tritten, 10 Airmen Investigated for Trespassing at Capitol Riot, New Military Extremism Report Shows. Military.com, Dec. 2, 2021. Some key points of the report.
From the conclusion. Although the DoD has not yet issued standard, DoD-wide policy, the DoD has taken the initial steps to fulfill Section 554 requirements. The DoD is in the process of defining extremist activity and updating DoD Instruction 1325.06, which will provide guidance for handling prohibited activities by members of the Armed Forces. A clear definition of extremism reflected in the updated DoD Instruction will enable the Military Departments to identify, track, and report allegations of prohibited activities as required by Section 554.
Charlie Dunlap
12/3/2021 10:37:25 am
In my view it is unconscionable for the Pentagon to decry “extremism” but still not have settled on a definition. As I discussed here https://sites.duke.edu/lawfire/2021/02/07/is-pentagon-prepared-for-its-extremism-stand-down-six-ideas-that-might-help/ and here,https://sites.duke.edu/lawfire/2021/05/07/shades-of-greene-how-the-pentagon-could-brand-the-law-abiding-with-extremist-behavior/ there is great potential to get this wrong, and to deprive military personnel of their Constitutional rights.
Brenner
12/3/2021 10:45:27 am
Charlie — you must do more than go through this site posting links back to your own site. If you have new insights to add, they are most welcome. Comments are closed.
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