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Use of immunized testimony “against” the witness

  1. bestmilitarydefensedefenseattorneys9.50.59PMcopyImpeachment. Immunized testimony from prior court-martial cannot be used to impeach an accused in later court-martial.
    United States v. Daley , 3 M.J. 541 (A.C.M.R. 1977).
  2. Post-Trial Matters. Immunized testimony can be used by an SJA to refute claims in a clemency petition that the terms of the immunity agreement were breached. The CMA termed these “matters . . . collateral to a criminal trial.
    United States v. Vith , 34 M.J. 277 (C.M.A. 1992) (Judge Gierke, concurring in the result, disagreed, finding this limited use violated the Fifth Amendment).
  3. Subsequent Prosecutions. Neither type of immunity bars prosecution for perjury, false swearing, false official statement, or failure to comply with an order to testify. RCM 704(b); Mil. R. Evid. 301(c)(1).

immunized testimony

Subsequent Prosecutions.