United States v. Meek

I concur in the result. I write separately to express my opinion that this prosecutorial misconduct, at least in the unfounded threat to court-martial an out-of-town defense-requested witness, constituted unlawful command influence. United States v. Thomas, 22 M.J. 388 (C.M.A.1986). In Thomas, Chief Judge Everett stated:

The exercise of command influence tends to deprive servicemembers of their constitutional rights. If directed against prospective defense witnesses, it transgresses the accused’s right to have access to favorable evidence. If directed against defense counsel, it affects…