Reply #39: A General Court Martial would hear the case if charges were preferred as the OP recommended. [View All]

[jody]

Wasn't the lower court ruling you cited a civil matter which would be quite different than criminal charges tried in a General Court Martial.

If the officer was convicted in a trial as the OP suggested, the conviction would probably be reviewed by the United States Court of Appeals for the Armed Forces composed of five civilian judges appointed for 15-year terms by the President with the advice and consent of the Senate.

"The Supreme Court of the United States has discretion under 28 U.S.C. § 1259 to review cases under the UCMJ on direct appeal where the U.S. Court of Appeals for the Armed Forces has conducted a mandatory review (death penalty and certified cases), granted discretionary review of a petition, or otherwise granted relief. If the U.S. Court of Appeals for the Armed Forces has denied a petition for review or a writ appeal, consideration by the Supreme Court may be obtained only through collateral review (e.g., a writ of habeas corpus)."

Whether SCOTUS would review the results of a conviction in the court martial recommended by the OP is problematic as I stated "11. In a court martial the defense can demand proof of Obama's birth and it could be up to SCOTUS to determine whether documents presented by Obama prove he was born in Hawaii."

As I pointed out above, the OP's author said in #20 "Civilian courts have NO jurisdiction."

The OP's author is clearly wrong because 28 USC 1259 says "Decisions of the United States Court of Appeals for the Armed Forces may be reviewed by the Supreme Court by writ of certiorari in the following cases:" and the last time I checked SCOTUS is still a civilian court.