What is the official approval process for pre-referral investigative subpoenas?

• A. The GCMCA or designated qualified CC only
• B. The Wing CC only
• C. The Assigned Military Judge Only
• D. The Two-Tier Process: First The GCMCA Or Designated Qualified CC (Can Be Delegated To The Wing CC In Writing), Then The Assigned Military Judge

Answer: (D)

The essential idea is that pre-referral investigative subpoenas must go through a two-step approval to ensure proper authority and judicial oversight before evidence gathering moves forward. First, the General Court-Martial Convening Authority (GCMCA) or a designated qualified commanding officer approves the subpoena. This can be delegated in writing to the Wing Commander, but the initial sign-off still comes from the authorized executive level. Then, the Assigned Military Judge reviews and approves the subpoena, providing a second layer of oversight to check scope, necessity, and compliance with the rules and due process. Together, these two steps protect the rights of the parties while ensuring the investigation proceeds under appropriate authority. The other options miss one of these critical elements—either omitting the executive sign-off, the judicial review, or both—so they don’t meet the required process.