What conclusions must the NAF CC's pretrial advice include?

• A. The form of the charges
• B. Whether each spec alleges an offense under the UCMJ; whether there is probable cause to believe the ACC committed the alleged offense; whether a CM would have jurisdiction
• C. The admissible evidence will be sufficient to obtain and sustain a conviction
• D. The recommended disposition of the witnesses

Answer: (B)

The main idea being tested is what information is essential for the convening authority’s pretrial screening of charges. The pretrial advice must address three core conclusions: first, that each specification actually states an offense under the UCMJ (legal sufficiency of the charge); second, that there is probable cause to believe the accused committed the alleged offense (a factual threshold for moving forward); and third, whether a court-martial would have jurisdiction to try the case (ensuring the proper forum and authority). These elements ensure charges are legally and procedurally viable before referral to trial.

The other options don’t fit this purpose. Simply stating the form of the charges isn’t enough to determine viability. Predicting that admissible evidence will be sufficient to obtain a conviction goes beyond pretrial screening and ventures into trial outcomes. Recommending a disposition of witnesses is not part of the pretrial legal sufficiency and jurisdiction determination.