United States v. Alef

I disagree unqualifiedly with the majority’s rule that, henceforth, the Government must “demonstrate through sworn charges/indictment, the jurisdictional basis for trial of the accused and his offenses.” The office of the specification has never before been perceived to require a statement of the evidence in support of an essential allegation. The Uniform Code does not require allegation of that kind; nor is it prescribed by the President, whose authority, under Article 36, Uniform Code of Military Justice, 10 U.S.C. § 836, to regulate courts-martial procedure comprehends, in my opinion, the…