An Eminently Service-Connected Crime--Scooped by the Feds

6/22/2020

DOJ today unsealed that the USAO in SDNY is prosecuting an Army private for attempting to facilitate an attack on his unit while it was deployed by leaking information to terrorist groups.

"In approximately April 2020, the Army informed Melzer of plans for a further foreign deployment by his unit. Melzer thereafter sought to facilitate a deadly attack on his fellow service members. After he was notified of the assignment, Melzer used an encrypted application to send messages to members and associates of [a white supremacist group] and a related group known as the “RapeWaffen Division,” including communications regarding Melzer’s commitment to [the white supremacist group] and sensitive information related to his unit’s anticipated deployment such as locations, movements, and security, for purposes of facilitating an attack on Melzer’s unit." Link Here.

Law enforcement should be commended on intercepting this threat. My question is this: isn't this perhaps the paradigmatic service-connected crime, and if so, most appropriately prosecuted in the military justice system?

Brenner Fissell

EIC

3 Comments

Cloudesley Shovell

6/22/2020 08:43:47 pm

A couple issues.

First, The United States is a unitary entity. Either way, he's being prosecuted by the United States.

Second, the ends sought to be achieved by a court-martial, maintenance of good order and discipline, are equally met in this case by prosecution in an Art. III court.

Third, as a purely practical matter, there is a much higher likelihood of a severe sentence resulting from a DoJ/Art. III court case. My anecdotal observation over the years has been that equivalent crimes in the military vs. federal prosecution typically result in a much lower sentence in a court-martial.

And finally, as a purely practical matter, this case is the FBI's baby, birthed by their high-profile anti-terrorism unit. The FBI is an agency within the DoJ. What are the chances of the DoJ letting the Army handle their baby? Yeah, zero.

Kind regards,
CS

Brenner M. Fissell

6/23/2020 10:39:21 am

Dear CS,

All correct points. I suppose I am wistful--wishing that the MJ system would be entrusted with this kind of case.

BMF

6/24/2020 07:14:56 am

Nothing new, really. The members of the Walker spy ring were all tried in federal court despite most if not all of the members being subject to court-martial jurisdiction, either active duty or as a retiree.

-CS

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An Eminently Service-Connected Crime--Scooped by the Feds

Brenner Fissell

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