United States v. Dearing

I respectfully dissent because the majority continues a pattern of refusing to give deference to the President’s legislatively mandated rulemaking authority in contravention of established principles of separation of powers. See United States v. Moreno, 63 M.J. 129, 144 (C.A.A.F.2006) (Crawford, J., concurring in part and dissenting in part). Under Article 36, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 836 (2000), the President has the authority to prescribe “[pjretrial, trial, and post-trial procedures, including modes of proof’ unless these provisions are inconsistent with the…