Luke T. West v. United States

As a matter of statutory construction and application, is petitioner entitled to the exercise of the authority of the United States Federal Court of Claims under 28 U.S.C. §1491(a)(2) to a remand of the review of petitioner’s general court martial conviction to OJAG USN with further order to OJAG USN to exercise its authority under 28 U.S.C. §869(d)(1) to refer petitioner’s general court martial conviction to the NMCCA for further judicial appellate review?

Under the Due Process Clause of the Fifth Amendment of the United States Constitution, is petitioner entitled to have his general court martial conviction vacated in the case of United States v. West?

Can the Court of Federal Claims issue a protective order placing the record under a partial seal preventing the disclosure of the names of petitioner’s sexual assault/sexual harassment accusers in his general court martial, whereby the validity of the conviction in said general court martial is the subject of the dispute in the proceedings before the Court of Federal Claims?

Does the Privacy Act, 5 U.S.C. § 552a, impose upon the petitioner (and by extension his counsel) the duty to protect information regarding the identity of petitioner’s sexual assault/sexual harassment accusers at petitioner’s public court martial?