Kirby is in a bit of a box. I think I remember a process for releasing charges, and if that process is violated, then it opens the command up to UCI accusations at trial. The defense will claim an effort to taint the jury by releasing command thinking ahead of time. Something like that.
I’m not sure about all this, but somewhere is sticks in the back of my mind that a process must be followed.
I’ve ping a few experts, so we’ll see if they wade in.
Haven’t seen a lot of details, but if the defense released the charge sheet, it’s tough to call it undue command influence. You are correct, though - there are always the optics to consider.