In a Special Court Martial, who may subpoena non-DoD civilian witnesses?

• A. Trial Counsel
• B. Summary Court-Martial Officer
• C. Judge Advocate General
• D. Commanding Officer

Answer: (A)

In a Special Court-Martial, the authority to compel testimony from civilians outside the DoD rests with the prosecuting attorney—the Trial Counsel. This power to subpoena non-DoD civilian witnesses is crucial because these witnesses are not within military channels and may not appear without a formal order. The Trial Counsel, as the agent prosecuting the case for the government, requires this tool to obtain essential evidence and ensure a fair opportunity to present the government’s case.

The other roles do not carry this subpoena power for non-DoD civilians. A Summary Court-Martial Officer has a more limited, presiding role with fewer prosecutorial powers; the Judge Advocate General is a senior legal advisor, not a prosecuting official with subpoena authority; and the Commanding Officer convenes the court but does not, by default, issue subpoenas for civilian witnesses.