Which entity has exclusive authority to order a deposition for offenses under STC authority before and after referral?

• A. A convening authority
• B. A military judge
• C. Trial counsel
• D. Commanding officer

Answer: (B)

Depositions are a judicial discovery tool, and the power to compel testimony in this context rests with the judge who oversees the trial process. The military judge acts as the neutral arbiter for pretrial and trial matters, including deciding whether a deposition should be taken, who must testify, and the scope and protections of that testimony. This authority is crucial for safeguarding the accused’s rights and ensuring a fair process, regardless of whether the case is before referral or after referral to trial. The convening authority sets charges and refers the case, the commanding officer commands the unit, and trial counsel handles prosecutorial steps, but none of them has the unilateral power to order a deposition. Therefore, the military judge is the authority with exclusive power to order a deposition for offenses under STC authority in both phases.