United States v. Drayton

The majority characterizes the coercion of a company commander (a captain) by a battalion commander (a lieutenant colonel) in the pre-referral process as a “defect.” 45 MJ at 182. I call it unlawful command influence. Article 37(a), Uniform Code of Military Justice, 10 USC § 837(a), on its face prohibits coercion by a superior officer of subordinate commanders in their military justice functions. It states in part: “No person subject to this chapter may attempt to coerce or, by an unauthorized means, influence the action of a court-martial or any other military tribunal or any member thereof,…