United States v. Warner

I cannot embrace the view of the law, the facts, or the role of this Court that inheres in the majority’s conclusions. Consequently, I must respectfully, but emphatically dissent.

LAW

When enacted in 1950, Article 46, Uniform Code of Military Justice (UCMJ),1 provided, as it does today:

The trial counsel, [the] defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with such regulations as the President may prescribe. Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production of…