The Law Offices of Haytham Faraj, PLLC
An Article 32 hearing is the military’s version of a probable cause hearing. In the case of U.S. v. Jeff Hurst, the government went ahead with the Article 32 hearing despite my request for a continuance because I could not be there. The hearing magistrate decided to do it anyway with the prosecutor’s encouragement. My client war represented by his appointed military lawyer. I told my client that he should object and order his military lawyer not to say anything except object to the proceeding without me. He did. That was in February. The Government has invested tens perhaps hundreds of thousands of dollars on prosecuting these cases. Yesterday the judge granted a motion I filed a month ago asking that the charges be dismissed for a defective referral of charges to court-martial. She agreed. You can read the motion here. The judge’s order granting the Article 32 hearing is available here.
Haytham Faraj is a military criminal defense attorney and represents service members accused of violations of the UCMJ in the United States and abroad. He may be reached by telephone at 313-436-1980 or by email.