Please give us your evidence

Carol Rosenberg, dean of the Guantanamo press corps, has reported here on the latest developments in the military commissions. Officials involved in the firing of the convening authority and his legal advisor have been ordered to submit declarations. But what about the convening authority and legal advisor -- surely they too are material witnesses with respect to the defense's concern about unlawful command influence? She writes:

Separately, the judge noted that now that [Harvey] Rishikof and [Gary] Brown are "private citizens," he was inviting, not ordering, them to submit their own declarations, explaining their versions of events.

But wait a minute. Rule for Military Commissions 703 provides that evidence may be obtained from civilians by subpoena, with enforcement by warrant of attachment. The fact that a witness is no longer employed by the federal government is irrelevant. Wouldn't a federal district judge issue a subpoena, rather than a mere invitation, in comparable circumstances?