United StateS v. Ware

Whenever the Uniform Code of Military Justice requires that a particular action be in writing, it expressly provides therefor, or the language of the reference necessarily implies a writing.1 The provisions of the Code regarding the convening of a court-martial and the detail of persons to it, such as the military judge, do not expressly, or by necessary implication, demand that the appointment be in writing. See Articles 22 through 29, UCMJ, 10 U.S.C. §§ 822 through 829. That circumstance alone impresses me as indicating an intention on the part of Congress that the absence of a written…