Here is a link to the recently filed petition in the case of Alaa Mohammad Ali–if you are a MilJus type and don’t know who he is, crawl out from under your rock and join the rest of us. For those that do not practice MilJus, here is our coverage of the case and the decision by CAAF upholding court-martial jurisdiction over civilians.
The Questions Presented are:
1. Whether Congress’s decision not to create federal district court jurisdiction for the trial of a class of civilians supporting military forces overseas provides sufficient constitutional justification for subjecting such civilians to trial by court-martial.
2. Whether a citizen of a foreign country serving as a civilian contractor in support of the United States military’s mission overseas is entitled to Fifth and Sixth Amendment rights in connection with criminal prosecution by the United States.
Disclaimer: I am one of the counsel for Mr. Ali, along with John O’Connor, LTC Pete Kageleiry, and COL Patricia Ham.