The potential for litigating right to counsel issues is ripe, and the new Military Rules of Evidence and recent case law ensure ample opportunity for litigation. Several significant developments in the law of military interrogations warrant an examination of a military suspect’s right to counsel. A series of Court of Military Appeals decisions have either clarified or expanded military case law on military interrogations. The pending new Military Rules of Evidence will implement a large amount of military case law, in some instances alter existing law, and more closely align military interrogation practices with prevailing civilian rules. Counsel should focus on Fifth and Sixth Amendment rights of suspects during interrogations using detailed analysis of existing case law and as a template for specifically framing the issues to be litigated. The new Military Rules of Evidence, along with the formal adoption of current case law, are essential to protecting the suspect’s rights during interrogation.
David A. Schlueter, Tempia, Turner, McOmber and the Military Rules of Evidence: A Right to Counsel Trio with the New Look, Army Law. 1 (April 1980).