“Military commanders are relying on the advice of their miitary lawyers. If a military prosecutor advises a commander that the evidence is insufficient to prosecute he is doing nothing different than a civilian prosecutor. However, the military attorney and his commander than have to report their decision not to prosecute to their higher HQ and receive concurrence. And that continues all the way to the Service Secretary and then to the Secretary of Defense is the Service Secretary concurs. Then iit is reported to Congress, which would never consider imposing its will upon a local prosecutor who determined that a complaining witness was unreliable or there is simply not enough evidence to even present a case to the trier of fact.”