The AF GAD opposes every motion as best I can tell, even if it is just a "general opposition" to a first enlargement request. I have no idea why.
This brief won't be winning any awards for sophisticated reasoning.
How much sophisticated reasoning might be required? Does not the cited statute, 10 USC 942(g), speak for itself?
Government has an interest in the finality of cases.
Do they? Or do they have just a disinterest in the rights of an Accused?
"Who cares?" is one of the most egregious things a Government attorney can say. At least in light of the seemingly affirmative exercise:
(g)Effect of Vacancy on Court.--
A vacancy on the court does not impair the right of the remaining judges to exercise the powers of the court.
But Article III, Section 1 says: The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.
So does Congress now have the authority "power" to form a Court in its control of the services to deny appeal at this level? Does this not prevent an issue at this court from ever reaching the Supreme Court by the Executive Branch from appointing a judge?
Crappy argument Air Force Government Appeals Division.
Simply because the Court can sit with fewer than five judges when there is a vacancy does not mean it ought to do so.