In US v. Chief Edward Gallagher, the military judge recently ordered that the senior Navy Prosecutor be removed from the case for spying on the defense team and a Navy Times journalist. In open court, the Navy prosecutor, Cmdr. Christopher Czaplak was ordered off the case for emailing 13 defense attorneys and paralegals, as well as Navy Times Editor Carl Prine, a tracking beacon in an effort to find the source of leaks to the media.
Here’s the bottom line: the DoD can intercept communications in many different ways using many different types of methods. There are even comprehensive laws that allow agencies like NCIS to intercept live wire or electronic communications. If you’re under investigation for allegedly committing a crime in the U.S. Military, never, never email sensitive documents to your attorney using your DoD email. Always use your private email accounts. Your attorney, civilian or military, should utilize the same practice.