One of the most closely watched CAAF cases in recent years has been United States v. Ali, 71 M.J. 256 (C.A.A.F. 2012), which involves a challenge to the expansion of Article 2(10) to extend court-martial jurisdiction over civilians accompanying the military in contigency operations. Now a Navy court-martial is considering this jurisdictional challenge to the court-martial of a Public Health Service captain.
Article 2(8) extends court-martial jurisdiction over “[m]embers of the National Oceanic and Atmospheric Administration, Public Health Service, and other organizations, when assigned to and serving with the armed forces.” The portion of Article 2(8) covering the Public Health Service was part of the UCMJ as originally enacted in 1950.
A large part of CAPT Henriques’s challenge to being subject to court-martial jurisdiction is an argument that governing regulations weren’t complied with.
CAPT Henriques is represented by David P. Sheldon, Esq.