Here’s a link to the MCM amendments that the President approved this week.

[I'm still on the road and because of the way my e-mail is forwarded, I can't tell who sent the amendments to me.  But whoever you are, thanks!]

4 Responses to “2010 MCM amendments”

1. John O'Connor says:

   September 2, 2010 at 8:02 pm

   I love the discussion addition re jurisdiction over civilians: “uhh, it might be completely unconstitutional to court-martial civilians, so check that out before proceeding.”
2. lol says:

   September 2, 2010 at 10:33 pm

   it means, if a civ kills someone in AFG/IRQ and you court-martial him, start arguing the con law AT TRIAL. Harlan concurrence in Reid, etc. There is law to support it. It will go to the Supreme Court, but might just be affirmed.
3. John O'Connor says:

   September 3, 2010 at 8:21 am

   Or another option would be to have detailed defense counsel call No Man and me and ask us to crank up the Habeas Machine again.
4. Mike "No Man" Navarre says:

   September 3, 2010 at 11:21 am

   Ye ol’ Habeas Machine has been dormant since early 2009. I wonder if anyone even considers using Art. 2(a)(10) authority anymore? And by the way, what’s with the reference to 2(a)(11)? Were their really people that were contemplating courts-martial of civilians in peacetime in P.R., Guam, or the V.I.? Thanks for the tip.

   Seems a little late to be adding this guidance in light of events in CENTCOM. And if you are going to add guidance, why not something useful like which offenses apply to civilians–rather than relying on non-binding assessments by members of DoD OGC’s office for their thoughts on what applies and what doesn’t? Or maybe clarify the right to have civilians accompanying the force testify at pretrial hearings?

   Oh well, you can always email me at noman@caaflog.com