Friday, January 23, 2009

Another 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 District Court for the District of Columbia and requests release of Mr. Adolph from military pre-trial confinement based on the unconstitutional application of the UCMJ to a civilian working with US forces in Kuwait.

[Disclaimer: I am one of the counsel for Mr. Adolph with lead counsel, CAAFlog commenter John O'Connor. Our colleagues Geoff Hengerer and Sarah Gordon joined us in writing the brief]


Anonymous said...

I was going to comment something about voluntary cessation of an unconstitutional prosecution capable of repetition where you could still press your constitutional challenges as not mooted, but it looks like you have another ripe apple to throw?

Phil Cave said...

Getting a page error. Can you repost, or email the petition to me?

Phil Cave said...

Belay my last.

Dew_Process said...

No Man - was the 2004 Discharge, a discharge from Active Duty or from the military completely? If he enlisted in October of 2001, he would have normally incurred a statutory 8 year commitment unless he had prior service. Not that that would change the jurisdictional issue here.

Is the alleged dollar value high enough to get DoJ's attention?