Yesterday the U.S. Court of Military Commission Review decided In re Mohammad, No. 24-001 (per Lisa M. Schenck, J.), which concerned the validity of Secretary of Defense Lloyd J. Austin III's purported rescission of pretrial agreements in a military commission case. Excerpt:
We deny the writ of mandamus and prohibition for two reasons. First, we conclude that although the Secretary had authority to replace BG (Ret.) [Susan K.] Escallier with himself as the convening authority for future PTAs, the Secretary has not taken any actions on future PTAs. Advisory decisions on writs of mandamus and prohibition are not permitted. And second, we agree with the military judge that the Secretary did not have authority to revoke respondents’ existing PTAs because the respondents had started performance of the PTAs.
No comments:
Post a Comment
Comments are subject to moderation and must be submitted under your real name. Anonymous comments will not be posted (even though the form seems to permit them).