No, commanders are absolutely prohibited from reviewing trial strategy discussions between defense counsel and clients. These communications are protected by attorney-client privilege under Military Rule of Evidence 502, which provides the same confidentiality protections as civilian legal practice. This privilege is fundamental to effective representation and cannot be waived by command authority. Any attempt by commanders to access, monitor, or review such communications constitutes unlawful command influence and potentially obstruction of justice.
The privilege covers all communications made for the purpose of seeking or providing legal advice, including strategy discussions, plea negotiations, and case evaluation. It extends to written communications, emails, notes, and recorded conversations between counsel and client. Even if commanders suspect misconduct or have security concerns, they cannot pierce this privilege without extraordinary circumstances involving crime-fraud exceptions, which require judicial determination, not command decision.
Violations of attorney-client privilege can result in case dismissal, exclusion of evidence, or administrative and criminal sanctions against offending commanders. Defense counsel discovering such intrusions must immediately notify the military judge and may seek protective orders, case dismissal, or recusal of tainted command authorities. The military justice system recognizes that protecting confidential defense communications is essential to fair trials and maintaining the integrity of the adversarial process. Commands must implement procedures ensuring defense communications remain inviolate from command access or influence.