Officer, Congress, Director Nsa Director discussed on Bloomberg Law


The statute that basically says if you're an active duty military officer you can't simultaneously hold a second position within the executive branch just sort of a nonmilitary position unless congress has the civically authorize you to do so and the idea behind the staff who does that congress was worried that have a military officers also serve him say in senior treasury positions or in senior doj positions would actually go against the you know very deep constitutional norm of civilian control the military and so the only time you can have a military officer who is also in a senior civilian position is when congress says that's totally okay congress hasn't done that that often i mean the only real examples are a director nsa director and a handful of other positions national security adviser the really aren't that many other cases where a congress plus milk hostageholders jobs that's how we get to this case in this case we have the court of military commission review of this article one port congress created in two thousand nine to hear appeals from the guantanamo military commissions that you know sounds military issues it's about the military commissions but an article one court and so the question is whether it's okay to have military officers certain on this specialized article one appeals court we say the answer is no um the court of appeals for the armed forces the top court than the court michael system set the answer is yes and that's the basic question the justices will be considering on january sixteen his sounds like it would be a very discreet issue how many cases would depend on the answer to this question ordered with all about the statute has got the word has been forced to store oil produced virtually no litigation under two hundred forty eight years old there's never been a supreme court case about it there's been very few lower court cases because the government usually just coley visit administratively this case arose because of a quirk in our talked pattern the military officers at issue an arcade are currently serving as judges not just on the specialized guantanamo court but also on the ordinary court martial appeals courts spor air force service members for army service members and so all of the petitioners in new cases are service members who were convicted in a court martial and who had their appeal heard by these judges were the claim is that because of.

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