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Only a very few Federal LE work for the courts. Most Federal LE work for the Justice Department...
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You are correct. I was confusing Justice with Judicial.
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So the whole point is that he's a civilian, i.e. not in the military, and so not eligible for any military exemptions...
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So although he's the top ranking officer of the military he's not in the military. I guess I hadn't ever thought of it like that.