The Subpoena Duces Tecum and the Article 32 Investigation: A Military Practitioner's Guide to Navigating the Uncharted Waters of Pre-Referral Compulsory Process

摘要

Following your appointment as an Article 32 investigating officer, you call a preliminary meeting with the trial and defense counsel in a case involving a sexual assault. As part of your preparation, you inform the defense that you plan to subpoena the accused's credit card records for the purpose of examining the date- and time-stamped transactions on the day in question. In response, the defense has a request of their own: the defense seeks the government's assistance in obtaining the victim's psychotherapist-patient records from a civilian healthcare provider and the contents of the victim's personal Yahoo e-mail account. The defense proffers that there is reason to believe this evidence will show the victim gave inconsistent accounts of the offense. You agree that the requested information could be relevant to the investigation and issue three subpoenas.