Yes, a serious discovery violation by the government can lead to the dismissal of all charges, but this is considered a drastic and extraordinary remedy reserved for the most egregious cases of prosecutorial misconduct. The military due process rules, primarily under Rule for Courts-Martial (RCM) 701, require prosecutors to disclose a wide range of evidence to the defense, including any exculpatory evidence that tends to show the accused is innocent (known as Brady material).
When a defense attorney discovers a violation, they will file a motion with the military judge. The judge has a range of remedies at their disposal. For a minor or inadvertent violation, the judge might order a continuance to give the defense time to review the new evidence. For a more serious violation, the judge might suppress the evidence that was not disclosed, meaning the government cannot use it at trial.
Dismissal of the charges is the most severe sanction. A judge will typically only consider this remedy if the discovery violation was intentional and caused a fundamental and irreparable prejudice to the accused’s right to a fair trial. The classic example is when a prosecutor deliberately hides clear evidence of the accused’s innocence until it is too late. In such a case of flagrant misconduct, a judge may dismiss the charges “with prejudice” to punish the government and uphold the integrity of the justice system.