COURT-MARTIAL JURISDICTION OVER CIVILIAN EMPLOYEES OF THE MILITARY FORCES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP62-00631R000300110018-9
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 12, 2016
• Document Release Date: April 29, 2002
• Sequence Number: 18
• Publication Date: September 26, 1958
• Content Type: MFR

Approved For Release 2002/06/25 : CIA-RDP62-00631 R000300110018-9
SUBJECT: Court-Martial Jurisdiction Over Civilian Employees of the
Military Forces
1. On September 12, 1956, in the case of United States of America,
ex rel Dominic Guagliardo v. Neil H. McElroL, et al., the United '-2,tate_
Court of Appeals for the District of Columbia Circuit reversed a District
Court decision which denied a writ of habeas corpus to a civilian
convicted by a court-martial. The court in a 2-1 opinion written oy
Judge Fahy determined that the decision of the Supreme Court in l eid v.
Covert governed this case and that Article 2 (11) of the Uniform Code of
Military Justice was non-severable.
2. Guagliardo was a Civil Service employee of the Air Force who
worked at an Air Force depot near Casablanca. He lived with his wife Off
the depot and was entitled to quarters allowance, mail and other pri_vi egts.
He and two enlisted men were char;,;ed with stealing Government materiel,
was tried by court-martial, convicted and sentenced. He applied :'or a
writ of habeas corpus but this was denied by the District Court for t iv!
District of Columbia on 13 January 1958 (158 F. Supp. 171). The appeal
followed.
3. The Government defended its court-martial jurisdiction solel`'
reason of Article 2 of the Uniform Code which enumerates the persons to
whom the Code applies. Subparagraph 11 of Article 2 is pertinent to tii3
case:
??S zb ect to any treat:, or agreement to which the United State,-,
is or may oe a nart~ or to any accepted rule of international .Law,
p