![]() “The defense requests you provide communications between the DOJ and the USN that could be material to a motion for Unlawful Command Influence,” wrote McCue in his message to prosecutors. If the Navy judge hearing the motions Thursday agrees with defense attorneys, he could toss the entire case against Portier. Partly, the memorandum indicates, that’s because defense attorneys suspect the documents will reveal a pattern of unlawful command influence in the case.Ĭalled the “mortal enemy of military justice,” unlawful command influence, or UCI, occurs when superiors utter words or take actions that wrongfully influence the outcome of court-martial cases, jeopardize the appellate process or undermine the public’s confidence in the armed forces by appearing to tip the scales of justice. The documents don’t name the agency, but defense attorneys want prosecutors to turn over records that show the conversations between Navy officials and federal law enforcement. ![]() In a memorandum for trial counsel obtained by Navy Times, the defense team also revealed significant involvement in the case by investigators reporting to the U.S. (screen shot of YouTube video used as evidence in criminal hearing) ![]() The seriously wounded Islamic State fighter, believed to be between 15 and 17 years of age, military prosecutors believe was murdered by a Navy SEAL. ![]()
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