Congress, Officer, CIA discussed on

Automatic TRANSCRIPT

The executive branch i sort of a nonmilitary position unless congress has to civically authorize you to do so and the idea behind the staff who does that congress was worried that have in the 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 the only real examples are cia director nsa director and a handful of other positions national security adviser the really aren't that many other cases where a congress plus macau says hold these jobs that's how we get to this case in this case we have the court of military commission review of this article one pork 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 missions 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 in the court michael system set the answer is yes and that's the basic question the justices will consider him on january sixteen this sounds like you it would be very discreet issue how many cases would depend on the answer to this question about the statute has got the win four to store produce virtually no litigation even two hundred and 48 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 polices that administratively this case arose because of a quirk in our fact pattern the military officers at issue in our case are currently serving as judges noxious on this specialized guantanamo court but also on the ordinary court martial appeals courts four air force service members for army service members and so all of the petitioners and new cases are service members who were convicted in a court martial and who had their appeal heard by these judges it's where the claimants that because of the appointment to this second unauthorized office these judges were basically no longer allowed to keep their first office as military officers and.

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