Here is AP coverage via WaPo of a recent AP interview of former PFC Steven Green. He discusses the tragedy of his experience in Iraq and leadership issues he felt played a part in his offense. The article also notes that his appeal challenging MEJA is set for oral argument on January 21, 2011. See our prior coverage here (with links to some briefs) and other briefs here (Gov’t Response) and here (Green’s Reply). Green’s MEJA argument is summed up in his Reply brief:
Granting the Executive Branch unrestricted discretion to determine which of the two disparate jurisdictional systems [the UCMJ or MEJA] to apply violates the separation of powers doctrine and constitutes an unconstitutional delegation by the Congress to the Executive Branch of the exclusive power and responsibility of Congress to determine what conduct is subject to criminal sanction, fix the sentence for crimes, and set forth the procedures for the adjudication of criminal cases.
Green’s brief also argues that he was not subject to MEJA because he had not been properly discharged, and thus remained subject to the UCMJ only. He argues that he had not correctly passed through the clearing process for discharge at the time of his indictment.