Unlawful command influence is said to be the “mortal enemy of military justice,” but defining what that actually means is somewhat complicated. When potential clients ask us if they potentially have an issue with unlawful command influence, we always have to apply their specific facts to the law. The follow up question is often whether or not the particular prosecutor in their case is being vindictive–in particular when court martial charges come on the heels of an Article 15 or NJP turndown. Here we will breakdown the law on unlawful command influence and prosecutorial vindictiveness. To get a conclusion on a particular case, the facts would need to be applied to the law which should drive the conclusion.