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After a civilian witness immunized has testified,
provide the following information to the United States
Department of Justice, Criminal Division, Immunity
Unit, Washington, DC 20530, via JAG:
. Name, citation, or other identifying
information of the proceeding in which the order was
requested
. Date of the examination of the witness
. Name and residence address of the witness
. Whether the witness invoked the privilege
against self-incrimination
. Whether the immunity order was used
. Whether the witness testified pursuant to the
order
. If the witness refused to comply with the order,
whether contempt proceedings were instituted, or are
contemplated, and the result of the contempt
proceeding, if concluded
Provide a copy of this correspondence with a
verbatim transcript of the witness testimony, properly
authenticated by the military judge, to JAG at the
conclusion of the trial. No testimony given by a civilian
witness following an order to testify can be used against
him or her in any criminal case, except a prosecution for
perjury, giving a false statement, or failing to comply
with the order in some other manner.
In all cases involving national security or
foreign relations of the United States, the cognizant
OEGCMJ sends in the form prescribed in the JAG
Manual, section 0139, any proposed grant of
immunity to JAG for consultation with the
Department of Justice.
Forms of Grants of Immunity
In any case that a military witness is granted
transactional immunity, the GCM CA executes a written
grant in the form set forth in the JAG Manual, appendix
A-1-i(1).
In any case that a witness is granted
testimonial immunity, the GCM CA executes a written
grant in the form set forth in the JAG Manual, appendix
A-1-i(2).
REQUEST FOR INDIVIDUAL MILITARY
COUNSEL AND WITNESSES
An accused has the right to request representation
by a military counsel of his or her own choosing at an
SPCM or a GCM. The accused also has the right to
request any witnesses desired for his or her defense to
be made available for the court-martial.
Individual Military Counsel
An accused has the right to be represented before a
GCM or an SPCM by civilian counsel and either by the
military counsel detailed to him or her or by military
counsel of the accuseds own selection, if reasonably
available. An accused may request a determination of
the availability of only one individual military counsel
at a time.
A request for a specific individual military counsel
should be in writing, showing the duties and location of
the requested counsel, if known. The request must
clearly state whether there is an existing attorney-client
relationship between the accused and the requested
military counsel regarding the charge(s) in question.
The request also must indicate whether the requested
military counsel has any unique or special qualifications
pertinent to the case and specify those qualifications in
the request. The accused or the detailed DC makes the
request and submits it through the TC, if any, to the CA.
If the requested military counsel is a member of the
Army, Air Force, Coast Guard, or Navy and there is no
claim of an existing authorized attorney-client
relationship regarding the charge(s) in question, the CA
will promptly deny the request and inform the accused
in writing. In all other cases, the CA sends the request
to the commander of the requested counsel. For counsel
assigned to a naval legal service office (NLSO)
detachment, the commander of such counsel is the CO
of the cognizant NLSO.
The CA provides that authority with the following
information:
(1) the nature and complexity of the
charges and legal issues involved in the case; (2) the
estimated duration of the necessary absence (travel,
preparation, and participation in the proceeding); (3) the
experience level and any special or unique qualifications
of the detailed DC; and (4) other information or
comments that are appropriate.
The commander of the requested military counsel
determines whether such counsel will be reasonably
available.
In making that determination, the
commander assesses the impact upon the command
should the requested counsel be made available. The
commander may consider, among others, the following
factors: (1) the anticipated duties and workload of the
requested military counsel including authorized leave;
(2) the estimated duration of the necessary absences; (3)
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