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So, you've Got a Congressional Inquiry? Department of the Army's policy is to make information promptly available to Members and Committees of Congress and their staffs. This policy is limited only

Article I, section 8, Clause 17 --The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States; and to make all laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. Article IV, Section 3, Clause 2 --The judicial power of the United States shall be vested in one Supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. This means no matter how the military may treat civilians, they do not have the authority to investigate civilians, and they cannot use military personnel to spy in civilian neighborhoods. In addition, the military is prohibited from interfering with the civilian court system. Furthermore, when dealing with civil courts, civilian attorneys would provide no legal representation to civilians who are accused of committing acts that constitute a crime, and civilian judges cannot question military prosecutors. Civilians in the military are not allowed to testify before the military, nor are civilian lawyers allowed to present evidence in military trials. All military trials are under the sole discretion of their commanders. In order to ensure fair trials, the United States military follows the “military justice system.” The military's criminal prosecution is not a civilian justice system. In fact, military law enforcement is more centralized than civilian courts. In addition, the military must be notified in advance when a civilian court is to be convened (in the event, for example, there is a military judge on that court), and a civilian prosecutor can intervene and object. The military has a criminal code, and military judges have the discretion to convict civilians who commit a crime. However, because military law enforcement is more centralized than civilian law enforcement, civilian prosecutors will have significantly less discretion in deciding whether a civilian should be prosecuted and judged by a military judge. This is because the military has more authority when dealing with violations of the law of war. Military personnel are authorized to arrest civilians who commit violations of international humanitarian law. Article 57 of the Uniform Code of Military Justice provides: A member of the United States Armed Forces may arrest without warrant a person who has committed a crime against the person or property of the United States or a State.

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