Who may request that the government apply for a pre-referral investigative subpoena?

• A. Defense
• B. Prosecution
• C. The Assigned Military Judge
• D. Wing CC

Answer: (A)

The defense is the party that can push for the government to use its subpoena power during a pre-referral investigation. Since the government controls the investigation and has the authority to compel third-party evidence, the defense cannot issue subpoenas directly. By requesting that the government apply for a pre-referral investigative subpoena, the defense seeks to obtain documents or testimony necessary to prepare a fair defense and to uncover material information that might be exculpatory. The assigned military judge oversees the process and may rule on motions, but it is the defense’s request that triggers the government’s use of its subpoena authority. The Wing Commander does not have authority to issue such subpoenas, and while the prosecution could seek subpoenas as part of its investigation, the question focuses on who may request that the government pursue one, which is the defense.