Here is a link to the hearing page for United States v. Ali, No. 12-0008/AR. The page only has the defense brief, here, but the government’s brief is due Feb. 5, 2012.

Full disclosure, I am an amici (or at least we’ve moved to be amici) in the case as part of the long-windedly titled, “Brief of Amici Curiae John F. O’Connor, Michael J. Navarre, Air Force Appellate Defense Division, and Navy-Marine Corps Appellate Defense Division.”  Our brief, which borrows from the lead amici’s law review article on the same topic, is available here.

Amici make among other arguments the intial argument that the exercise of court-martial jurisdiction over Mr. Ali is unconstitutional because court-martial jurisdiciton is not the least possible power needed to maintain good order and discipline among active duty troops.  And the amici brief offers CAAF an alternative to finding Art. 2(a)(10), UCMJ unconstitutional by finding that Mr. Ali was not serving “in the field” at the time of his court-martial, as required by  a narrow reading Article 2(a)(10) because the historical understanding of “in the field” is limited to circumstances where it is logistically impractical to turn a civilian over to civilian authorities.

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