Can the Defense Conduct Its Own Investigation After the Government Investigation is Completed?

Can a defense investigation after the government investigation is finished uncover new evidence that strengthens a court-martial defense?

Absolutely—and in many cases, it should. A government investigation is designed to determine whether charges should be brought, not necessarily to uncover every fact that supports the defense. Important witnesses may never be interviewed, favorable evidence may go undiscovered, and critical inconsistencies can remain unexplored. An independent defense investigation provides an opportunity to identify overlooked evidence, locate additional witnesses, challenge assumptions, and develop facts that strengthen the defense before trial or negotiations begin. Whether the government investigation was thorough or incomplete, the defense should never assume that every relevant fact has already been found.

This Authority Publication explains why an independent defense investigation remains valuable even after the official investigation has ended. You’ll learn what additional evidence may still be available, why timing is important, and how a well-planned investigation can significantly improve the defense’s ability to present the strongest possible case.

Download the complete publication below for a detailed discussion and practical guidance.