Another Art. 2(a)(10), UCMJ Article
‘Tis the season for Art. 2(a)(10) publications. This article, by Kara Sacilotto, a partner at Wiley Rein, is titled Jumping the (Un)Constitutional Gun” Constitutional Questions in the Application of...
View ArticleBREAKING NEWS: Contractor Charged Under UCMJ
I think we may have scooped the world on this one, but the Army has charged a civilian contractor for the first time under the amended Art. 2(a)(10), UCMJ. The charge sheet is available here, brought...
View ArticleNYT article with additional details about military justice prosecution of...
Here’s a link to a New York Times article with additional information about the military justice prosecution of a civilian contractor in Iraq — a story that this blog broke on Wednesday.
View ArticleHow timely: New comment on expansion of court-martial jurisdiction over...
The University of Toledo Law Review just published a student comment on the expanstion of court-martial jurisdiction over civilian contractors. Ian Kierpaul, Comment: The Mad Scramble of Congress,...
View ArticleMore details about civilian contractor case — United States v. Ali — emerge
Here is a link to a U.S. News & World Report article providing in-depth coverage of the Ali case
View ArticleProfessor Hansen on United States v. Ali
NIMJ’s web site notes this Jurist commentary by Professor Vic Hansen about United States v. Ali, the potential court-martial case of a civilian contractor in Iraq.
View ArticleArt. 32 Hearing Delayed in Civilian UCMJ Case
The International Herald Tribune is reporting, here, that the Art. 32 Officer granted delay in the first civilian contractor employee amended Art. 2(a)(10), UCMJ case. Thus, for those waiting for the...
View ArticleArticle 32 hearing held in contractor case
An update on the case of Alaa Mohammad Ali, the civilian contractor charged under the UCMJ with aggravated assault: according to Reuters, the Article 32 hearing was convened (and apparently completed)...
View ArticleFascinating 1997 Memo on Amending Art. 2(a)(10)
I stumbled over this last night, and what a night of reading it was. This 1997 memo from the Overseas Jurisdiction Advisory Committee (OJAC) of the DoD General Counsel’s Office is a fascinating piece...
View ArticleCommentary on court-martial prosecution of civilian contractor
Jurist has a lengthy commentary on the Ali case by Kevin Lanigan, the Director of Human Rights First’s Law and Security Program. Here’s a link. The piece says that the CA referred the case to a GCM on...
View ArticleArraignment in civilian contractor court-martial tomorrow
The No Man has sent me a UPI report indicating that “Alaa ‘Alex’ Mohammad Ali is scheduled to be arraigned Thursday at the Camp Victory courthouse in Iraq on a charge of aggravated assault for...
View ArticleCivilian contractor’s court-martial produces sub-jurisdictional sentence
The No Man called my attention to this press release from Multi-National Force – Iraq announcing the guilty plea and conviction of the civilian contractor tried by court-martial. The press release...
View ArticleBREAKING NEWS: Writ from First Ever Amended Art. 2, UCMJ Civilian Court-Martial
It appears the former civilian contractor that pled guilty to UCMJ charges and received a sub-jurisdictional sentence, as covered on CAAFlog extensively, including here and here, has filed a writ...
View ArticleCivilian Court-Martial Appeal Challenging the Constitutionality of Art....
Ask and ye shall receive. Here is the writ appeal petition filed on 18 Sep 08 by Mr. Ali challenging UCMJ jurisdiction in his case. See our prior coverage here. Mr. Ali is challenging jurisdiction on a...
View ArticleAli CAAF Writ Appeal Add’l Thoughts — Redux
On the occasion of the first civilian UCMJ case to come before CAAF, I must mention the timing of the writ appeal petition in Ali v. Austin (which, I will admit, was not on my mind until JO’C mentioned...
View ArticleCAAF denies court-martialed civilian’s writ appeal
CAAF has denied the writ appeal in Ali v. Austin, which we previously discussed here, here, and here. Ali v. Austin, __ M.J. ___, Misc. No. 09-8001/AR (C.A.A.F. Nov. 5, 2008) (summary disposition)....
View ArticleBreaking News: US Contractor Facing UCMJ Action Files Habeas Petition
A U.S. citizen currently restricted to Ali Base in Iraq by U.S. military officials, and poised to become the first civilian U.S. citizen charged under the UCMJ in nearly four decades, has filed a...
View ArticleProsecution of civilian contractors publication
The No Man makes several appearances in this student publication: Ian W. Baldwin, Note, Comrades in Arms: Using the Uniform Code of Military Justice and the Military Extraterritorial Jurisdiction Act...
View ArticleBIG news: U.S. not to proceed with charges against civilian contractor
The Las Vegas Sun is reporting that the military will not proceed with a court-martial against the civilian contractor, Justin Price, whose case we discussed here. Here’s a link to the Las Vegas Sun...
View ArticleAnother Day, Another Civilian Faces UCMJ Processes
Here is a link to a Petition for Writ of Habeas Corpus in the case of James Adolph v. Dr. Robert M. Gates (SecDef, for all those asleep for the last year). The case was filed today in the United States...
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