Army Court to Review First and Only Civilian Court-Martial Under Amended Art. 2(a)(10), UCMJ

By , March 30, 2011

Here is a link to ACCA’s hearing docket listing the issue for review in United States v. Ali, No. 20080559.  The issue for review is:

WHETHER THE MILITARY JUDGE ERRED IN RULING THAT THE COURT HAD JURISDICTION TO TRY APPELLANT AND THEREBY VIOLATED THE DUE PROCESS CLAUSE OF THE FIFTH AND SIXTH AMENDMENTS BY REFUSING TO DISMISS THE CHARGES AND SPECIFICATIONS.

Oral argument is scheduled for 24 May 2011 at 1000.

I believe, if my sources are correct, that this is United States v. Mohammad Allaa Ali, the first and only civilian court-martial under the amended Art. 2(a)(10), UCMJ.  We discussed here the possibility of the Army JAG sending the Art. 69 appeal to ACCA, but thought it was a long shot.  Well I guess I’ll be a monkey’s uncle because it has come to pass.  Anyone with the briefs on hand, we’d appreciate a copy.  Send to noman@caaflog.com.

UPDATE:  And how did I miss this, “On March 31, 2010, Army TJAG certified Ali court-martial to Army Court of Criminal Appeals on whether court-martial had jurisdiction under Article 2(a)(10) and whether court-martial had subject-matter jurisdiction over the offenses.” And the government brief, now here, and defense brief, now here.

H/t MMM

categories Art. 2(a)(10), CCAs

7 Responses to “Army Court to Review First and Only Civilian Court-Martial Under Amended Art. 2(a)(10), UCMJ”

  1. bill almett says:
    March 30, 2011 at 9:07 pm

    “US v. Muhammed Ali”…LOL

  2. Charles Gittins says:
    March 30, 2011 at 9:45 pm

    Excellent DAD brief. I had to go back and look to see who the MJ was because I was shocked at the exercise of jurisdiction under the circumstances and the long line of S.Ct. cases. Once again, military justice lives down to my expectations.

  3. John O'Connor says:
    March 30, 2011 at 10:51 pm

    BZ to the JAG for doing the right thing and referring the case for Article 66 review.

  4. Cheap Seats says:
    March 31, 2011 at 8:55 am

    Bravo to TJAG for certifying! Excellent briefs by both sides. Hang on, this is going to be a wild ride!!

  5. Phil Cave says:
    March 31, 2011 at 10:04 am

    Bravo for certifying this one, but not the numerous others also worthy. Statistically a civilian gets better treatment that the military member.

  6. Marcus Fulton says:
    March 31, 2011 at 11:14 am

    If it’s not the most important issue this year, good chance it will be in one or two years.

  7. John O'Connor says:
    April 1, 2011 at 9:31 am

    Does this suggest that the JAG might certify the case to CAAF if ACCA affirms?