United States v. Cook

CRAWFORD, Judge, with whom COX, Chief Judge, joins

(dissenting):

For hundreds of years, individuals, in reacting to one another, have applied the principle that an innocent person would object when faced with a baseless accusation.1 When, prior to trial,2 a person remains silent or gives an ambiguous reply to an accusation, such evidence, called a tacit admission, may be admissible in the case-in-chief or for impeachment purposes. Likewise, evidence that a defendant attempted to silence a witness is admissible. See Mil.R.Evid. 404(b), Manual for Courts-Martial, United States (1995 ed.).

FACTS

The…