Rebecca Snyder email on USA v. Khadr -- date redacted -- 1
ument on the child soldier motion, DOJ attorney Mr. Oldham stated
that trial counsel's team could not find the reference to the JDA in the
Operational Law Handbook. Trial counsel was referring to page 13, para. 5(d)(5)
of the Motion to Dismiss which stated that "Within the military, the JDA is
understood as applying to the prosecution of anyone under eighteen who is not a
member of U.S. forces and commits a criminal act overseas," and to page 14,
para. 2(g)(1)(B)(i)(c) of the Defense Reply to the Government's Response, which
stated the same proposition. The citation in our briefs is correct and appears
as follows: International and Operational Law Department, The Judge Advocate
General's Legal Center and School, Operational Law Handbook, JA 422, 139 (2006).
2. Attached please find a copy of page 139, confirming the citation in the Defense briefing as to the applicability of the JDA at para. 5. It states in relevant part, "Juveniles are subject to the Federal Juvenile Delinquency Act, 18 U.S.C. §§ 5031-5042."
3. At the following link, the text of the Handbook can be found in full: http://www.au.af.mil/au/awc/awcgate/law/oplaw_hdbk.pdf.
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