United States v. Kennedy

In this case the essential question that must be resolved to determine if the issue of unlawful command influence has been raised is whether the truth lies in the assertions of the trial defense counsel or appellant. At the time of trial, the defense counsel was fully aware of the problem of improper command influence in the 3d Armored Division. He interjected the subject into the trial proceedings as a mitigating factor by introducing into evidence the offending command policy letters that ad*853dress the matter of witnesses testifying at courts-martial. Appellant assured the presiding judge…