Reply #12: It is. Fully so in civilian courts, more limited (but applicable) in military courts. [View All]

[Piewhacket]

The President determines the rules of evidence in military courts.
President Clinton adopted Mil.R.Evid. 513 on October 6, 1999.
Executive Order No. 13140, §2a, 64 Fed. Reg. 55116 (1999),
effective for "communications made after 1 November 1999."
64 Fed. Reg. 55120.

The Rule provides in pertinent part:

Rule 513. Psychotherapist-patient privilege
(a) General rule of privilege. A patient has a
privilege to refuse to disclose and to prevent
any other person from disclosing a confidential
communication made between the patient and a
psychotherapist or an assistant to the
psychotherapist, in a case arising under the
UCMJ, if such communication was made for the
purpose of facilitating diagnosis or treatment
of the patient’s mental or emotional condition.

Prior to 1999, there was no such privilege. This may explain
some of the posts here stating there is no privilege. They
should try to get out more often. (to check their facts).
Hey!