Trial clock is normally set at 120 days, except that can be delayed by defense-requested delays such as for further investigation, expert assistance, mental status evaluations, etc. We have had cases hanging around for eight months or more depending on the complexity of the issues and the pre-existing docket calendars of civilian defense counsel. However, you are correct in that, barring defense-requested delays, the accused has to be arraigned within 120 days of referral to trial by by the Convening Authority.
The minimum jury required for a general court-martial is five officer members. Now, of course, because of challenges for cause and peremptory challenges during the seating of the panel, between 10 and 12 are always initially detailed to the case, with alternates standing by. Each side is allowed any number of challenges for cause (although such challenges do not have to be granted by the military judge, they usually are) and, normally, one peremptory challenge; that is, a challenge against a member for no reason at all. Such peremptory challenge is automatic; the member is dismissed from the panel. The only exception to the peremptory challenge is that, upon such challenge by the government counsel, the prosecution must be able to state a racially- and gender-neutral rationale for such a challenge (and, in this case, it will probably include a religion-neutral exception as well). In the end, though, the Manual for Courts-Martial and the UCMJ requires only that there be five members remaining after all challenges have been exhausted.
In this case, knowing J.P. Galligan personally as I do .. having been involved in courts-martial both when he was a military judge and as a civilian defense counsel .. I believe that we can count on many many pretrial sessions with defense motoins ranging from mental status of the accused to unlawful pretrial Command influence to expert assistance to the defense and his already bloated civilian and military docket calendar to extend this case out well into the middle of next year before any panel is seated and any actual evidence is presented to them.
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RESISTOR
Swear allegiance to the flag, whatever flag they offer;
Never hint at what you really feel.
Teach the children quietly for, someday, sons and daughters
Will rise up and fight while we stood still.
Der Elite Møøsënspåånkængrüppen ØberKømmändø (EMØØK)
Samauri Court Reporter