While expressing no doubt about its jurisdiction over the case, CAAF decides not to exercise it:
[I]t appears that there are significant disputed questions of fact with respect to the Appellant's military status. On this record, the Appellant has not met the significant burden to obtain extraordinary relief from this Court during the normal processes of trial and appeal. The necessary processes exist in the Article 32, UCMJ, investigation and the trial, if charges are referred to trial by court-martial, for the resolution of these factual disputes. The ordinary processes of justice should be allowed to take their course.