United States v. Adams

ERDMANN, Judge,

with whom RYAN, Judge joins (dissenting):

The power to convene courts-martial and to detail members to those courts-martial rests solely in those commanders that Congress, the President, or the Secretary concerned empowered to take those actions. See Articles 22, 23, 24, 25, Uniform Code of Military Justice (UCMJ), 10 U.S.C. §§ 822, 823, 824, 825 (2000). A convening authority’s actions create the structural basis of a courts-martial and when the plain language of the convening authority’s order is clear, complete, and unambiguous, that order must be given effect. See United…