United States v. Moore

In my view it is important to note, as my associates point out, that the question before us involves a rule of evidence, and has been consistently treated as such by both the Supreme Court and this Court. Thus, I agree wholeheartedly with my brothers that it is clearly a matter within the authority of the President, who is empowered to prescribe “The procedure, including modes of proof, in cases be*643fore courts-martial.” Article 36, Uniform Code of Military Justice, 10 USC § 836; United States v Smith, 13 USCMA 105, 32 CMR 105.

As the Court’s opinion also recognizes, the President has, in the…