Court-Martial Trial Practice Blog
Anyone raising a UCI motion must be familiar with the Third Army cases and those that follow.
United States v. Thomas, 22 MJ 388 (C.M.A. 1986), cert. denied, 479 U.S. 1085 (1987); see also United States v. Levite, 25 MJ 334 (C.M.A. 1987).
Checkout United States v. Newbold, 45 M.J. 109 (C.A.A.F. 1996).
Apparently NCIS and the SJA at Camp Pendleton wasn’t. Had they been familiar with the Third Armor cases and some later cases that followed, the goat-rope of a mass arrest might have been avoided.
Judge rules that mass arrest of Camp Pendleton Marines on human smuggling charges was unlawful
So, it was entirely predictable that there would be a UCI motion. What wasn’t certain was whether the military judge would apply the law. Apparently the military judge agrees with the law. What now remains is how the government proceeds and whether there is an Article 62 appeal–we’ll see.