Monday’s daily journal includes this entry:
No. 19-0054/AR. Nidal M. Hasan, Petitioner v. United States Army Court of Criminal Appeals, Respondent, and United States, Real Party in Interest. U.S. CCA 20130781. On consideration of the petition for extraordinary relief in the nature of a writ of mandamus, we note that this Court previously ordered the United States to show cause why the requested relief should not be granted. We also ordered the United States to “specifically address the jurisdiction of this Court to grant the requested relief.” Hasan v. United States Army Court of Criminal Appeals and United States, No. 19-0054, __ M.J. __ (C.A.A.F. Dec. 28, 2018) (order).
Citing Loving v. United States, 62 M.J. 235 (C.A.A.F. 2005), the United States submitted an answer that in two sentences conceded jurisdiction of this Court over this case. In reply, Petitioner stated that the United States had correctly conceded jurisdiction and cited LRM v. Kastenberg, 72 M.J. 364 (C.A.A.F. 2013), Center for Constitutional Rights v. United States, 72 M.J. 126 (C.A.A.F. 2013), and Hasan v. Gross, 71 M.J. 416 (C.A.A.F. 2012). We consider the answer of the United States to be inadequate. Accordingly, it is ordered that the United States is directed to specifically address the jurisdiction of this Court to grant the requested relief, including citation to all relevant authorities, in light of the fact that the Army Court of Criminal Appeals has not completed its appellate review pursuant to Article 66, Uniform Code of Military Justice, 10 U.S.C. § 867 (2012), and to do so on or before February 11, 2019. See, e.g., United States v. Denedo, 556 U.S. 904 (2009), Clinton v. Goldsmith, 526 U.S. 529 (1999).
Petitioner may file a reply within 5 days of the filing by the United States.
Unfortunately, this sort of thing has happened before.