Here is the Daily Journal entry announcing grant of review in U.S. v. Alaa M. ALI, No. 12-0008/AR. As we’ve reported extensively, Ali came to the courts when the Army TJAG forwarded Mr. Ali’s guilty plea at a general court-martial to ACCA pursuant to Article 69(d), UCMJ. Mr. Ali is the first civilian prosecuted under the amended Art. 2(a)(10), UCMJ. The amendment attempted to apply the UCMJ to contractors accompanying US armed forces in the field during “contingency operations” in addition to times of war.
Review is granted in the following issues:
I. 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.
II. WHETHER THE COURT-MARTIAL HAD JURISDICTION OVER APPELLANT PURSUANT TO ARTICLE 2(a)(10), UNIFORM CODE OF MILITARY JUSTICE.
III. WHETHER AN ARTICLE 134 CLAUSE 1 OR 2 SPECIFICATION THAT FAILS TO EXPRESSLY ALLEGE EITHER POTENTIAL TERMINAL ELEMENT STATES AN OFFENSE UNDER THE SUPREME COURT’S HOLDINGS IN UNITED STATES v. RESENDIZ-PONCE AND RUSSELL v. UNITED STATES, AND THIS COURT’S OPINION IN UNITED STATES v. FOSLER, 70 M.J. 225 (C.A.A.F. 2011).
Briefs will be filed under Rule 25 on Issues I and II only.