How can an immunity request be offered to a witness not subject to the UCMJ?

• A. DoJ can grant immunity directly without routing
• B. The witness can request immunity from the court
• C. The defense counsel can offer immunity on behalf of the GCMCA
• D. GCMCA must route the request through JAJM to the DoJ, where the DoJ will disapprove or authorize the GCMCA to offer that witness immunity

Answer: (D)

Immunity for a witness not subject to the UCMJ requires federal-level authorization through a defined military-justice process. Because the witness is outside the military’s jurisdiction, the decision to grant immunity isn’t made by the court or the defense alone. The General Court-Martial Convening Authority must route the immunity request through the JAJM to the Department of Justice. The DoJ then reviews and either disapproves or authorizes the GCMCA to offer immunity to that witness. This ensures the immunity decision complies with federal law and is properly coordinated with potential implications for other prosecutions.

That pathway is why the other options don’t fit. Immunity can’t be granted directly by DoJ without routing, the witness can’t petition the court for immunity, and defense counsel can’t bind the GCMCA to immunity on the government’s behalf. The approved route preserves proper authority and safeguards the rights and interests involved.