Who is the approval authority for pre-referral subpoenas involving electronic communications?

• A. The GCMCA
• B. The Wing CC
• C. The Detailed Judge
• D. The Assigned Military Judge

Answer: (C)

The approval authority for pre-referral subpoenas involving electronic communications is the Detailed Judge. At the pre-referral stage, the matter hasn’t yet gone to court-martial, so a judge who oversees pretrial matters is the one with the authority to review and approve subpoenas seeking electronic records. The Detailed Judge is responsible for ensuring that the subpoena is necessary, properly scoped, and compliant with legal and procedural protections, while balancing the interests of justice and privacy.

The other roles aren’t typically involved in this pre-referral evidentiary step. The General Court-Martial Convening Authority oversees the convening of courts-martial, not the approval of pre-referral subpoenas. The Wing Commander is a base-level command authority with no role in approving legal process for subpoenas. The Assigned Military Judge presides once a case is referred for trial, not during the pre-referral phase.