No, not for a military court, and again, the entire legal doctrine only exists in US courts and is surrounded by a multitude of exceptions even then. Also I noted, it strongly promotes unjust outcomes in favour of limiting the power of the state - hardly appropriate to the "Fully Automated Luxury Space Communism" of the Federation - it's basically a far-out libertarian doctrine that might be appropriate for the Klingons or Andorians or someone - EDIT or especially the Ferengi - it's one of the most Ferengi legal approaches possible!
I didn't say it was good (I actually said it wasn't) only that, if it was true that Asylum trumped the charges they were filing (I'm still not sure how super secret Asylum would even work but that's the episode), then it should have been presented directly. Not as "surprise - she asked for Asylum - we win..." (Which, wow, sounds even worse as I type it out).
In fact, the presented court system was so bad it was played for laughs (Oona pointing out that her counsel worked for the prosecution - I mean seriously). Highlighted by the fact - at the end, the "legal" argument didn't really work. The court was just so taken in by Oona's (and to a lesser extent her attorney's) awesomeness that they just decided to grant her an exception.
Anyway, hope the writers got that out of their system because the episodes, other than this one, have been great.