Military Defense Investigation Knowledge Base
Military Defense Investigation Authority Publication
Authority Publication No. DI-133
Investigating a Case Involving Classified Information Under Military Rule of Evidence 505
Independent Military Defense Investigations
Supporting Attorneys, Service Members, and Families
Publication Date: August 24, 2026
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Executive Summary
Investigating classified information under Military Rule of Evidence 505 requires the defense to preserve and verify relevant facts while complying with counsel-directed classification, access, storage, contact, and litigation procedures.
Classified information can create unusual investigative restrictions in a military criminal case, but those restrictions do not eliminate the need to trace important conclusions back to reliable sources.
DI-133 explains how defense investigators can work within counsel-directed procedures while identifying classification markings and guides, originators, access records, authorized systems and handling logs, clearance and need-to-know records, briefings, nondisclosure records, protective orders, substitutions, summaries, and access restrictions.
The publication's practical example involves a report that labels a document classified without identifying the controlling classification guide and revision date. The defense obtains the authorized records needed to test the classification without reproducing protected content in an unapproved file.
The purpose is to preserve the factual pathway, identify restrictions and missing evidence, and accurately report what authorized sources establish while leaving legal significance, admissibility, and formal process to counsel.
DI-133 explains how military defense investigators preserve and verify facts involving classified information under MRE 505 while complying with authorized access, handling, storage, and litigation procedures.
Who Should Read This Publication?
Military Defense Counsel
Use the source record, classification documentation, access history, and documented restrictions to define investigative scope, formal process, discovery priorities, expert needs, and litigation strategy.
Defense Investigators
Work strictly within counsel-directed access and handling procedures; map authorized sources and custodians; reconstruct chronology; document restrictions; and avoid reproducing protected information in unapproved files.
Service Members
Understand why classified-information cases may involve special access and handling procedures and why a report's classification assertion should still be traceable to authorized supporting records.
Qualified Experts or Specialists
Review complete underlying materials only through authorized channels and within the scope defined by counsel when specialized classification, technical, or evidentiary review is required.
Families
Understand that classified-information cases can impose significant restrictions on what investigators, counsel, and service members may access or discuss; families should preserve lawfully available information but should not seek, copy, transmit, or handle protected material outside authorized channels.
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.