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This article focuses on the Government’s discovery obligations in military courts-martial specifically involving CIs.

Unlike UAs who work for a law enforcement agency, CIs sign a statement of agreement to act at the direction of law enforcement on its behalf. On the other hand, CIs are non-law enforcement personnel, typically active duty service members, who do not receive formal training in conducting covert operations.

For example, military law enforcement agencies often use UAs in cases involving internet crimes against children (ICAC) in which UAs assume the identity of a minor while communicating online. UAs are trained law enforcement personnel who conduct covert operations. It is important to briefly distinguish between undercover agents (UAs) and CIs in the military environment. Military law enforcement also uses CIs in cases involving fraud, espionage, terrorism, and other offenses involving multiple criminal actors. In the military context, CIs are especially useful in cases involving the use, possession, and distribution of controlled substances. This article discusses the delicate balance between law enforcement’s interests in protecting the identity of CIs and a military accused’s Constitutional and Statutory rights where “Congress intended more generous discovery to be available for military accused.” United States, the Supreme Court recognized that the public interest in protecting an informant’s identity must be balanced against an accused’s right to prepare his defense. After all, those who conspire to commit crimes generally do so in the presence of trusted confidants and not openly in public - let alone in the presence of law enforcement. The Supreme Court of the United States has long recognized that confidential informants (CIs) play a “vital part of society’s defensive arsenal” and “protecting identity rests upon that belief.” The use of CIs in criminal investigations is an important and effective tactic that allows law enforcement to ferret out crimes in some of the darkest corners of society. The old penalty of tongue removal … has been found obsolete.” Introduction

“Once an informant is known the drug traffickers are quick to retaliate.