No, it is absolutely unlawful for a command to restrict a service member’s access to legal counsel, especially when charges are pending. The right to counsel is one of the most fundamental rights guaranteed by the Sixth Amendment to the U.S. Constitution and the UCMJ. Any attempt by a commander to interfere with, delay, or discourage a service member from consulting with their defense attorney is a serious and flagrant violation of the law. This can be considered a form of Unlawful Command Influence (UCI).
A commander cannot order a soldier not to speak with their lawyer. They cannot deny them the time or the means (like a telephone) to contact their lawyer. They cannot threaten the soldier with negative consequences for seeking legal advice. Such actions are a direct attack on the integrity of the military justice system and the attorney-client relationship.
A military defense attorney who learns that a command is restricting their client’s access will take immediate and aggressive action. They will first contact the commander’s own legal advisor (the SJA) to report the illegal restriction and demand that it cease immediately. They will also advise their client to file a formal complaint with the Inspector General for UCI and abuse of authority. The attorney can also file a motion with the military judge to have the charges dismissed or for other remedies based on the commander’s gross violation of their client’s constitutional rights.