Legal Question in Military Law in Hawaii

obstructing justice charge Article 134

there is a fraternization case at my last command. recently i was questioned about personal emails from the accused parties to me(supposedly). they faxed these email copies to me. I denied even having the email accounts. never have i written any emails from there to them. Can they prove that the accounts belonged to me? I'm an E7(us navy).


Asked on 12/16/08, 3:08 pm

2 Answers from Attorneys
William J. Holmes Attorney at Military Law

Re: obstructing justice charge Article 134

It is impossible to know at this time what they may be able to prove or not prove since we have not seen their investigation. If you did not do something, they should not be able to find proof of it. However, that does not mean that they may not try to make it appear as if something has happened. I would suggest that you not make any statements or even talk to any investigators without an attorney present. If they think you are not being honest with them, they can charge you with obstruction of justice or a false statement. Make sure you have an attorney to advise you before speaking to NCIS or any investigator, and have your attorney be present with you. Obstruction of justice can carry a DD and up to 5 years in jail; same for a false statement. They both carry more time than fraternization.

I hope this has helped. Please feel free to contact me if you have any further questions.

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Answered on 12/16/08, 4:33 pm
Philip D. Cave Military Law & Justice

Re: obstructing justice charge Article 134

Interesting.

I'm representing an officer at the moment with a similar problem. So far we have proof positive that it is the wife who has hacked into emails.

As noted in my other reply, there are authentication issues, as well as potential UCMJ liability for you.

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Answered on 12/16/08, 9:18 pm


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