As discussed in this post, the Joint Service Committee recently solicited public comments for its 2015 annual review of the Manual for Courts-Martial. Here is a link to my contribution, in which I made the following suggestions:
a. Increase procedural protections for a person accused of contempt.
b. Limit the use of personal identifiers in court-martial documents.
c. Consider rules to address contemporaneous public access to court-martial documents.
d. Clarify the effect of a staff judge advocates pretrial advice.
e. Explicitly state that the different clauses of Article 134 constitute
discreetdiscrete offenses that must be alleged in separate specifications.
f. Require production of a privilege log when any entity who is represented by counsel asserts an evidentiary privilege.
g. Restrict the Government to the privileges contained in Military Rules of Evidence 505, 506, and 507.
h. Ensure consistency in prosecutions under Clause 1 and Clause 2 of Article 134.