Check out # 713 , # 714 , and # 716 for comments by David and Mr Rogers.
[Thanks to both for the pings.]
But, if correct, I believe that is not the end of the story. At that point, he has the right to a collateral attack as long as his counsel in the military proceeding has preserved his position.
It has been many years since I have looked at this question--in law school Crim Law to be exact; but at the end of the military tribunal game, he then gets to the legal system.
And there he ought to have available a broad range of issues: The Courts Martial was without authority as well as the order itself.
The only thing is that is going to take some time to get to fruition.
But once he gets there, he now has a bunch of documentary evidence that supports his position and that he should not need discovery to reach. The Smith Birth Certificate is one piece; the other photocopy birth certificate from the divorce file is another; the variation in the certificates of eligibility is another telling blow (particularly the Hawaii certificate).
Check out # 713 , # 714 , and # 716 for comments by David and Mr Rogers.
[Thanks to both for the pings.]