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United States v. Thomas E. Kruse — CAAF (argued May 19, 2026)

No. 26-0156/MC Argued May 19, 2026 Published August 12, 2026; updated August 19, 2026

The United States Court of Appeals for the Armed Forces considers what a commander may send to court-martial after a Special Trial Counsel defers a reported offense. The Special Trial Counsel treated allegations against Marine Corporal Thomas Kruse as covered domestic violence, then deferred them because the evidence did not meet its prosecution standard. A military judge later dismissed assault charges based on the same alleged conduct, but the Navy-Marine Corps Court of Criminal Appeals reinstated them. Kruse says Article 24a keeps the underlying conduct within the Special Trial Counsel's exclusive authority. The United States says it restricts only offenses Congress expressly lists as covered.

United States v. Thomas E. Kruse (No. 26-0156/MC) — United States Court of Appeals for the Armed Forces, argued May 19, 2026.

Sources
Argument audio — CAAF:https://www.armfor.uscourts.gov/newcaaf/CourtAudio13/20260519B.mp3
Hearing calendar and counsel — CAAF:https://www.armfor.uscourts.gov/newcaaf/calendar/202605.htm
Kruse's supplement and lower-court opinion — CAAF:https://www.armfor.uscourts.gov/newcaaf/briefs/2025Term/Kruse260156Supplement.pdf
Kruse's reply — CAAF:https://www.armfor.uscourts.gov/newcaaf/briefs/2025Term/Kruse260156Reply.pdf
United States' answer — CAAF:https://www.armfor.uscourts.gov/newcaaf/briefs/2025Term/Kruse260156Answer.pdf
Article 24a, UCMJ — U.S. House:https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section824a&num=0&edition=prelim
Article 79, UCMJ — U.S. House:https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section879&num=0&edition=prelim
United States v. Armstrong — CAAF:https://www.armfor.uscourts.gov/newcaaf/opinions/2017OctTerm/170556.pdf

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