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 firstname.lastname@example.org.
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.