LAC 41:II.203. Unlawful Command Influence

A. Convening Authority's Proper Role. The LCMJ permits the convening authority to play a dominant role in the court-martial process before and after trial. Before trial, the convening authority decides whether to convene a court-martial and refers the case to trial. After the trial, the convening authority has broad powers of clemency. But while the convening authority plays a dominant role before and after trial, the LCMJ has provisions to assure the independence of the court-martial during trial. B. Specific Prohibitions. Superiors may not direct how subordinate commanders’ act on cases over which authority to act has not been withheld or restricted. A superior who believes a specific action (such as imposing non-judicial punishment, referring a case to trial, or ordering pretrial confinement) should be taken may not order the subordinate to take the desired action. Rather, until the accused has been arraigned on a charge, the superior retains authority to order that charge referred to him for disposition; after arraignment, the superior has no authority to take action on the charge. [See LCMJ Article 37, R.C.M. 104]