Building a Defense Discovery Audit Under Article 46, Brady, and Giglio

Independent Military Defense Investigations

Supporting Attorneys, Service Members, and Families

Publication Date: August 24, 2026

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Executive Summary

DI-110 explains how to convert discovery from a file dump into a traceable audit of requests, productions, usability, missing evidence, and follow-up.

A large discovery production can still be incomplete, unusable, or impossible to verify.

DI-110 provides a practical system for tracking every request, response, production, supplement, deadline, referenced item, file defect, and unresolved source.

The publication distinguishes rule-based discovery and production from constitutional favorable-evidence and impeachment obligations. It identifies Brady and Giglio issues for counsel without treating an audit gap as proof of a legal violation.

The objective is a single, traceable record showing what should exist, what was requested, what arrived, what opens and is complete, what was reviewed, and what still requires action.

Who Should Read This Publication?

Military Defense Counsel

Use the audit to direct precise requests, evaluate Article 46, R.C.M. 701/703, Brady and Giglio issues, manage deadlines, and decide litigation or remedies.

Defense Investigators

Maintain the ledger, expected-evidence inventory, source references, technical defect log, gap list, and dated follow-up history.

Service Members

Understand why discovery review takes time and why records, devices, witness information, and prior requests must be shared accurately with counsel.

Experts

Identify missing data, native formats, metadata, reference materials, and lead time required for reliable expert review.

Families

Help locate defense-held records and preserve delivery history, but do not contact government witnesses or alter potential evidence.

Download the Official Authority Publication (PDF)

Companion Video

This companion video expands on the investigative concepts presented in this Authority Publication through additional explanation, practical examples, and professional investigative insight.

About Michael West

The investigative guidance presented throughout these Authority Publications is based upon decades of professional experience conducting military, federal, criminal, civil, and private investigations. The principles discussed in these publications are drawn from real investigative work involving complex cases, witness development, evidence analysis, and factual case preparation.

Michael West has served as a Special Agent with the United States Air Force Office of Special Investigations (AFOSI) and the Department of Defense Inspector General, conducted federal background investigations, and spent decades working as a licensed private investigator supporting attorneys, businesses, service members, and private clients. Throughout his career, his work has focused on identifying facts, locating witnesses, analyzing evidence, and strengthening the factual foundation of legal cases through independent investigation.

The Military Defense Investigation Knowledge Base was created to share that investigative experience in a practical, understandable format. Its purpose is to help attorneys, service members, and families better understand the investigative process, ask more informed questions, and recognize opportunities where independent investigation may strengthen the defense.

Important Information

This Authority Publication is provided for educational and informational purposes and is intended to help readers better understand military defense investigations and the investigative process. It is based upon professional investigative experience and is designed to provide practical investigative insight rather than legal advice.

Every military case is unique. The investigative strategies, factual issues, and legal considerations applicable to one case may not apply to another. Readers should consult with a qualified attorney regarding legal rights, legal strategy, and decisions involving their individual circumstances.

Nothing contained in this publication should be interpreted as creating an attorney-client relationship or an investigator-client relationship. References to investigative techniques, procedures, or case examples are provided solely to illustrate investigative principles and should not be considered legal guidance.

Effective military defense is strengthened by informed legal representation supported by thorough factual investigation. The purpose of these Authority Publications is to help readers better understand that investigative process so they can communicate more effectively with qualified legal counsel and make informed decisions throughout the military justice process.