This week at SCOTUS: I’m not aware of any military justice developments at the Supreme Court, where I’m tracking one case:
- Wickware v. United States, No. 14-6677 (pro se pet.; SG waived response; pending conf. on Nov. 7)
This week at CAAF: The next scheduled oral argument at CAAF is on November 18, 2014.
This week at the ACCA: The next scheduled oral argument at the Army CCA is on December 10, 2014.
This week at the AFCCA: The next scheduled oral argument at the Air Force CCA is on November 24, 2014.
This week at the CGCCA: The Coast Guard Trial Docket shows no scheduled oral arguments at the Coast Guard CCA.
This week at the NMCCA: The next scheduled oral argument at the Navy-Marine Corps CCA is on November 20, 2014.
Update: A reader informs me that the Court of Military Commissions Review (USCMCR) will hear oral argument of a Government interlocutory appeal in the military commission case of United States v. al-Nashiri on Thursday, November 13, 2014, at 10 a.m. The argument will occur in Courtroom 201 at the United States Court of Appeals for the Federal Circuit, 717 Madison Place, NW, Washington, DC.
The Office of Military Commissions website has a case page that explains that:
Al-Nashiri is charged with perfidy, murder in violation of the law of war, attempted murder in violation of the law of war, terrorism, conspiracy, intentionally causing serious bodily injury, attacking civilians, attacking civilian objects, and hazarding a vessel. The charges arise out of an attempted attack on the USS THE SULLIVANS in January 2000, an attack on the USS COLE in October 2000, and an attack on the MV Limburg in October 2002.
The Limburg is a French oil tanker, raising the issue of whether a military commission has jurisdiction over the attack. Writing for Lawfare in this post, Wells Bennett explained that the Government failed to prove (or even really try to prove, it seems) facts that support commission jurisdiction. In a subsequent post, available here, Mr. Bennett covered the Government’s filing of an appeal. All of Mr. Bennett’s extensive coverage of the al-Nashiri case on Lawfare is available here.