Criminal Justice & the Rule of Law Executive Branch

The Golsteyn Case and Civilian Oversight in Military Justice

Charlie Dunlap
Thursday, January 17, 2019, 9:00 AM

I find much to applaud in Maj. (P) Dan Maurer’s thoughtful Lawfare post on potential unlawful command influence (UCI) issues associated with the president’s tweet about the controversial case of Maj.

United States Court of Appeals for the Armed Forces (Flickr/Bill Badzo)

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I find much to applaud in Maj. (P) Dan Maurer’s thoughtful Lawfare post on potential unlawful command influence (UCI) issues associated with the president’s tweet about the controversial case of Maj. Matthew Golsteyn. While UCI is, as the courts have said frequently, the “mortal enemy of military justice,” it is important to carefully distinguish the facts to avoid eroding the importance of civilian oversight of the military justice system. That oversight is a critical aspect of civilian control of the armed forces so essential to a democracy.


The Role of Civilian Oversight


The president’s tweet read:



Charles J. Dunlap is a retired Air Force major general who is currently a Professor of the Practice of Law, and Executive Director of the Center on Law, Ethics and National Security at Duke Law School.

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