Where is the Lakin court-martial likely to be tried?  I’m trying to figure out which circuit’s case law will govern a request to enjoin the proceedings and, of course, the answer may change depending on whether the case is tried in DC or in Virginia.

6 Responses to “Another request for info from our readers”

  1. Late Bloomer says:

    I’m just spit-balling here, but wouldn’t it be tried at the location of the GCMCA? I assume the GCMCA is someone from Walter Reed or Ft. Belvoir? As far as governing circuit, your guess is better than mine on that one.

  2. Dwight Sullivan says:

    Late Bloomer,

    The interesting question would be, what if the location of the GCMCA is different than the location of the trial and/or the chambers of the trial judge? Let’s say, for example, that the GCMCA is in D.C., but the trial is at either Fort Myer or Fort Belvoir and the military judge’s chambers are in Arlington. In that instance, would it be the situs of the trial and trial judge or the situs of the GCMCA that would determine which U.S. district court had jurisdiction? If the action were a habeas action, then jurisdiction rests with the immediate custodian of the individual — which would probably be an official at Walter Reed, thus placing jurisdiction in the U.S. District Court of the District of Columbia. But if the respondent were to be the trial judge, then that trial judge’s chambers might be in Arlington, thus suggesting jurisdiction would lie in the U.S. District Court for the Eastern District of Virginia. But what if the trial was actually occurring in D.C., but the military judge’s chambers were in Arlington? I’m not sure. And, obviously, a different circuit’s case law would govern the case depending on whether jurisdiction lies in the D.C. district court or the Eastern District of Virginia district court. (A request for injunctive relief would be denied in either case, but there may be subtle differences in the legal analysis depending on which circuit’s law governs.)

    I thought that if Army Lurker is still out there, he/she might know where the case is likely to be tried. That might (but might not) make the analysis easier.

  3. Stefan says:

    Sir,

    The GCMCA (which is MDW) is HQ’d at Ft McNair in DC. There is a court-room at Ft. McNair, but for any panel case, or high visibilty case, they usually use Ft. Belvoir’s court room (as when trying the CSM of the Army). Hope this helps.

  4. Dwight Sullivan says:

    Thanks, Stefan. So both the immediate commander and the GCMCA are in D.C., but the trial judge’s chambers and the actual court-martial are likely to be in the Eastern District of Virginia. Hhhhmmmm.

  5. Anonymous says:

    judge’s chambers won’t matter, they travel all of the time, so it would be wherever the GCMCA wants to have it (or likely wherever the TC who is trying the case is located) which probably would be in Virginia (Myer or Belvoir).

  6. John O'Connor says:

    I assume it will be tried in a situs where Schlesinger v. Councilman applies. Ergo, no injunction.