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Tuesday, March 25, 2008
Daily journal update for In re Ali
CAAF yesterday gave the government an extra month to respond to what is perhaps the most surprising show cause order it has ever issued. In re Ali, __ M.J. ___, No. 08-8013/NA (C.A.A.F. Mar. 24, 2008) (order). We previously noted the Ali case and linked to the petition for extraordinary relief here.
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3 comments:
I was with ALi's counsel until I read the requested relief. CAAF can't order that now. If they had requested release I think i might have been more favorably inclined to them. This is something gthan can be resolved during the normal course of appellate review if these individuals are in fact POWs and taken to C-M (in which case the Army field manual and other regs do specify their CO for purposes of C-M). If they aren't taken to C-M their avenue of relief is other courts, arguing that they should be court-martialed, something that 6 years ago no one ever would have even contemplated asking for. My how times have changed.
CAAF will next show cause in McCain v. Obama (the likely follow-on to Bush v. Gore). After all, somewhere, somehow, someway, CAAF must have jurisdiction.
Shockingly, that last anonymous post was not written by me (though I suppose it could have been).
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