A habeas case in the ND of Ohio.
Pro Se Petitioner Joshua Gary Anderson is a court-martialed prisoner currently confined in FCI Elkton in Lisbon, Ohio.
The opinion does not cite any basis for its conclusion about the purpose of Article 12.
Joshua R. Traeger, The Confinement of Military Members in Civilian Facilities. 39 The Reporter 31 (2012), discusses the Article but not an original purpose to protect military secrets.
A quick look at the legislative history shows no discussion of keeping prisoners apart to protect national security, the discussion is more about the propriety of comingling of prisoners. Part of the discussion related to housing military prisoners in "foreign" jails, which are "pretty lousy--and I mean lousy--. . . which might be a pretty unhealthy experience[.]" House Hearings at 915. Perhaps Mr. Anderson (a member of the HASC in 1949), could say the same if he were alive to visit some of the civilian jails where military prisoners are detained or confined.
Chavez and Wilson were in the Court of Federal Claims.
Plaintiffs Antonio Chavez and Aaron Wilson, appearing pro se, are former members of the United States Army who received disability retirement and are presently incarcerated at Fort Leavenworth in Kansas. In their Complaint, Plaintiffs seek to collaterally attack the jurisdiction of the courts-martial that convicted them and seek backpay and alteration of their military records.
Because the claimants have habeas petitions pending in Kansas, the complaint was dismissed.
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-Current Term Opinions
Joint R. App. Pro.
Army Crim. L. Deskbook