[20201102]LSB10549_军事上诉法院：总统的言论可能构成非法的指挥影响力.pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Military Appellate Court: Presidential Comments Can Amount to Unlawful Command Influence November 2, 2020 In a set of divided opinions on August 27, the U.S Court of Appeals for the Armed Forces (CAAF) rejected Sergeant Robert “Bowe” Bergdahls appeal in his desertion case, which he argued was invalid due to unlawful command influence. However, CAAF found that the Presidents remarks about an ongoing court-martial trial can amount to unlawful command influence in violation of Art. 37 of the Uniform Code of Military Justice (UCMJ). The court reasoned that the President is by statute a convening authority for general courts-martial and is therefore subject to the Rules for Courts-Martial (R.C.M.) Rule 104(a)s prohibition on unlawful command influence, which implements Art. 37 of the UCMJ. The court also held that the late Senator John McCains actions as Chair of the Senate Armed Forces Committee regarding a pending court-martial could have violated Art. 37 of the UCMJ because Senator McCain, as a retired member of the Armed Forces, was a person subject to the UCMJ. However, under the facts o