For those of us that wonder why Teixeira is being charged in a civilian Federal court and not a UCMJ court martial (I wish) , it is because National Guard troops do not operate under the UCMJ unless they are "federalized". It could be argued that the unit he was part of was doing direct work for the "active" USAF and therefore was effectively "federalized", but that is a reach and probably wouldn't succeed.
UPDATE: The good news is that Teixeira WAS on "active duty" with the Air Force, full time. That means he technically is subject to the UCMJ. The bad news (IMO) is that the Justice Department is apparently retaining jurisdiction and will try him as a civilian. I don't think that makes sense, as his access was directly connected to the fact he was on active duty. However, the military seems to be perfectly happy with the current situation and isn't going to assert their jurisdiction. In one sense it doesn't matter, he obviously will be convicted. In another sense, it does. The Air force is responsible for this fiasco, at least in large measure. It should be on them to clean up the mess and put in place safeguards to make sure it doesn't happen again. Not having to deal with it invites continued complacency. They should have both the responsibility and authority to manage their security system. It can be argued that they currently lack the authority, although they don't seem to be jumping up and down to get it back.
UPDATE: The good news is that Teixeira WAS on "active duty" with the Air Force, full time. That means he technically is subject to the UCMJ. The bad news (IMO) is that the Justice Department is apparently retaining jurisdiction and will try him as a civilian. I don't think that makes sense, as his access was directly connected to the fact he was on active duty. However, the military seems to be perfectly happy with the current situation and isn't going to assert their jurisdiction. In one sense it doesn't matter, he obviously will be convicted. In another sense, it does. The Air force is responsible for this fiasco, at least in large measure. It should be on them to clean up the mess and put in place safeguards to make sure it doesn't happen again. Not having to deal with it invites continued complacency. They should have both the responsibility and authority to manage their security system. It can be argued that they currently lack the authority, although they don't seem to be jumping up and down to get it back.