Unlawful Command Influence (UCI) is often referred to as the “mortal enemy of military justice”—and for good reason. When a commander crosses the line between leadership and interference, the fairness of the entire legal process is at risk. For active-duty service members facing court-martial or administrative action, the presence of UCI can mean the difference between justice served and rights violated.
At Military Justice Attorneys, we know how military justice is supposed to work—and we recognize the signs when it doesn’t. Our veteran attorneys have defended service members across all branches of the armed forces. We’ve seen firsthand how command pressure can taint investigations, influence decisions, and damage careers.
What Is Unlawful Command Influence?
Under Article 37 of the Uniform Code of Military Justice (UCMJ), it is unlawful for a commanding officer to use their authority to directly or indirectly influence the outcome of a military judicial proceeding. This includes pressuring subordinates to:
- Reach a certain verdict at a court-martial
- Prefer charges without a sufficient basis
- Recommend a specific punishment
- Deny clemency or parole
- Avoid granting immunity or witness access to the defense
UCI undermines the core values of the military justice system: fairness, due process, and impartiality. Even the appearance of influence can be enough to trigger a UCI challenge and possibly derail a case.
Real-World Examples of UCI
Unlawful Command Influence is not just a theoretical concern—it has been the basis for numerous overturned convictions and judicial inquiries. In recent years, there have been high-profile cases where general officers made comments that appeared to sway the outcome of sexual assault trials—causing serious concerns, legal appeals, and even mistrials. One example is United States v. Barry, where a Navy rear admiral made inappropriate comments to the general court-martial convening authority reviewing the case, resulting in UCI. As a result, the CAAF set aside the findings and sentence and dismissed the charge with prejudice.
How Does UCI Affect a Case?
If UCI is proven or even credibly alleged, the government must show beyond a reasonable doubt that the proceedings were not tainted. This is a high burden. When they fail, it can result in:
- Dismissal of charges
- Reversal of convictions on appeal
- Suppression of evidence
- Reassignment of military judges or panel members
For service members, that means a second chance at a fair trial or dismissal of the case altogether.
What to Do If You Suspect UCI
If you believe that command influence has affected your case or investigation, speaking with an experienced military defense attorney is essential. Some signs of UCI include:
- Unusual pressure to accept nonjudicial punishment
- Commanders publicly expressing desired outcomes
- Denied access to witnesses or evidence
- An unusually fast track from investigation to court-martial
The earlier your legal team can raise the issue, the better your rights will be protected.
Why Legal Experience Matters
Proving UCI requires more than a gut feeling—it requires a detailed understanding of military law, procedure, and command structure. At Military Justice Attorneys, we’ve represented active-duty service members at every stage of the military justice process. We know how to investigate allegations of UCI, build strong legal defenses, and demand accountability when command oversteps its role.
We’re not intimidated by rank and won’t back down when your rights are on the line.
Protect Your Future. Defend Your Rights.
Unlawful Command Influence can threaten the fairness of your case, but it doesn’t have to decide the outcome. If you’re facing a court-martial or believe command interference is compromising your defense, contact Military Justice Attorneys. We’ll evaluate your case, identify potential UCI issues, and fight to protect your constitutional and statutory rights.
You serve your country with honor. We’re here to serve you with the same commitment.
