The Quill & Sword

In this episode, we discuss CAAF's decision in United States v. Flores. This case examines sentence appropriateness review under the new sentencing procedures established by the Military Justice Act of 2016. Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).

In this episode, CPT Brandon Pugh sits down with Lt Gen (Ret.) John “Jack” Shanahan an expert in the artificial intelligence (AI) field to discuss AI. In his final assignment he served as the inaugural Director of the U.S. Department of Defense (DoD) Joint Artificial Center (JAIC). During this episode, Lt Gen (Ret.) Shanahan discusses how he became the DoD’s lead on AI, standing up Project Maven as the director, the process of introducing AI into the DoD, and AI ethics in the DoD... read more

In this episode, CPT Brandon Pugh sits down with Lt Gen (Ret.) John “Jack” Shanahan an expert in the artificial intelligence (AI) field to discuss AI. In his final assignment he served as the inaugural Director of the U.S. Department of Defense (DoD) Joint Artificial Center (JAIC). During this episode, Lt Gen (Ret.) Shanahan discusses how he became the DoD’s lead on AI, standing up Project Maven as the director, the process of introducing AI into the DoD, and AI ethics in the DoD including DoD Directive 3000.09 Autonomy in Weapon Systems. The episode ends with Lt Gen (Ret.) Shanahan discussing the future of AI and potential legislation that may be proposed. NSL Practitioner's interested in reviewing resources and scholarship produced by ADN should check out the Operational Law Handbook and LOAC Documentary Supplement and other significant military legal resources available at The Judge Advocate General’s Legal Center and School website under publications. Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).   show less

In this episode, we discuss CAAF's decision in United States v. Driskill. This case examines Double Jeopardy and its application to offenses charged under Article 134. Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).

In this episode, we discuss CAAF's decision in United States v. Ramirez. Specifically, we examine when a military judge must allow questions concerning racial bias during voir dire - while discussing voir dire and bias generally. Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).

In this episode, we discuss CAAF's decision in United States v. Warda. Here, the CAAF examines the remedy when the Government is unable to produce documents required by Rule for Courts-Martial 703. The Court provides rules for practitioners concerning their discovery obligations. Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/ or on Facebook (tjaglcs), Instagram (tjaglcs), or LinkedIn (school/tjaglcs).

In this episode, we discuss CAAF's decision in United States v. Brown. Specifically, we examine CAAF's view of Part IV of the Manual for Courts-Marital and what constitutes "presence" for disrespect of a noncommissioned officer. Connect with The Judge Advocate General’s Legal Center and School on Facebook (tjaglcs), LinkedIn (tjaglcs), or visit our website for more resources at https://tjaglcs.army.mil/leapp You can also connect directly with the Criminal Law Department on Facebook (tjaglcs_crimlaw) or Instagram (tjaglcs_crimlaw)

In this episode, we examine CAAF’s latest case concerning unlawful command influence. Specifically, we examine the difference between actual and apparent unlawful command influence, and the influence that judge advocates can have on the system. Connect with The Judge Advocate General’s Legal Center and School on Facebook (tjaglcs), LinkedIn (tjaglcs), or visit our website for more resources at https://tjaglcs.army.mil/leapp You can also connect directly with the Criminal Law Department on Facebook (tjaglcs_crimlaw) or Instagram (tjaglcs_crimlaw)

In this episode, we examine CAAF’s analysis concerning when an accused makes a prima facie (pronounced pree-muh fah-shuh according to the majority of the criminal law department) showing that race played a role in the panel selection process at their court martial, whether that panel was properly constituted. The Court weighed their previous precedent which allowed a race conscious selection process for the purpose of inclusion in contrast with the Supreme Court’s ruling in US v Batson... read more

In this episode, we examine CAAF’s analysis concerning when an accused makes a prima facie (pronounced pree-muh fah-shuh according to the majority of the criminal law department) showing that race played a role in the panel selection process at their court martial, whether that panel was properly constituted. The Court weighed their previous precedent which allowed a race conscious selection process for the purpose of inclusion in contrast with the Supreme Court’s ruling in US v Batson which said “race is an impermissible criterion for selection of jurors.” This case is very important for judge advocates to understand as they advise their commanders on selecting court martial members (jurors). Connect with The Judge Advocate General’s Legal Center and School on Facebook (tjaglcs), LinkedIn (tjaglcs), or visit our website for more resources at https://tjaglcs.army.mil/leapp You can also connect directly with the Criminal Law Department on Facebook (tjaglcs_crimlaw) or Instagram (tjaglcs_crimlaw)   show less

In this episode, Major Keoni Medici, former Associate Professor in the National Security Law Department (ADN) at The Judge Advocate General's Legal Center and School (TJAGLCS) interviews Lieutenant Colonel Michael Lebowitz, ADN Adjunct Professor and expert in the law that governs cyberspace. LTC Lebowitz discusses his research surrounding gaps in existing electronic surveillance laws and how the future quantum internet will outpace the law. LTC Lebowitz predicts that if not proactively... read more

In this episode, Major Keoni Medici, former Associate Professor in the National Security Law Department (ADN) at The Judge Advocate General's Legal Center and School (TJAGLCS) interviews Lieutenant Colonel Michael Lebowitz, ADN Adjunct Professor and expert in the law that governs cyberspace. LTC Lebowitz discusses his research surrounding gaps in existing electronic surveillance laws and how the future quantum internet will outpace the law. LTC Lebowitz predicts that if not proactively addressed, these legal shortcomings will have a significant impact on U.S. national security. His article is titled “What Happens When the Packets Go Away? How the Quantum Internet Will Diminish Electronic Surveillance Programs and Change Cybersecurity Forever.” The article is published in print and online formats by the Boston University Journal of Science & Technology Law.   show less

In this episode we examine CAAF's analysis concerning how and when a statement qualifies under the excited utterance exception to the hearsay rules and whether appellant's conviction is legally sufficient.
Connect with The Judge Advocate General’s Legal Center and School on Facebook (tjaglcs), LinkedIn (tjaglcs), or visit our website for more resources at https://tjaglcs.army.mil/leapp
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In this final part, we conclude our analysis of the CAAF's decision in United States v. Hasan. This episode addresses the SJA's role in providing Article 34 advice, ACCA's decision to not recuse itself, and MAJ Hasan's continued self representation during the post-trial phase. Connect with The Judge Advocate General’s Legal Center and School on Facebook (tjaglcs), LinkedIn (tjaglcs), or visit our website for more resources at https://tjaglcs.army.mil/leapp You can also connect directly with the Criminal Law Department on Facebook (tjaglcs_crimlaw) or Instagram (tjaglcs_crimlaw)

In this second of a three parts, we continue our analysis of the CAAF's decision in United States v. Hasan. This episode addresses whether the military judge has a duty to excuse a panel member for cause and the constitutionality of Article 45(b) of the UCMJ.Connect with The Judge Advocate General’s Legal Center and School on Facebook (tjaglcs), LinkedIn (tjaglcs), or visit our website for more resources at https://tjaglcs.army.mil/leapp You can also connect directly with the Criminal Law Department on Facebook (tjaglcs_crimlaw) or Instagram (tjaglcs_crimlaw)

This episode features Major Emily Bobenrieth, Associate Professor, National Security Law Department at The Judge Advocate General’s Legal Center and School, interviewing Professor Mark Nevitt of Emory Law School, to discuss the impact of climate change on U.S. national security. As one of the leading experts at the intersection of the climate crisis’ impact on U.S. national security and stability, Professor Nevitt labels this unconventional threat as both a “threat accelerant” and a... read more

This episode features Major Emily Bobenrieth, Associate Professor, National Security Law Department at The Judge Advocate General’s Legal Center and School, interviewing Professor Mark Nevitt of Emory Law School, to discuss the impact of climate change on U.S. national security. As one of the leading experts at the intersection of the climate crisis’ impact on U.S. national security and stability, Professor Nevitt labels this unconventional threat as both a “threat accelerant” and a “catalyst for conflict.” Professor Nevitt explains how existing domestic legal framework works to protect DoD assets and infrastructure from rising sea levels and catastrophic weather events. The discussion ends with how environmental factors have profoundly impacted the Russia-Ukraine conflict. Professor Nevitt discusses points from two of his recent publications linked here: https://scholarlycommons.law.northwestern.edu/nulr_online/335/ ; https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4589536   show less

Mr. Fred Borch, TJAGLCS Regimental Historian, discusses the history of the LLM Program at TJAGLCS.

Mr. Fred Borch, TJAGLCS Regimental Historian, discusses the history of the Funded Law Education Program in the JAG Corps.

In this first of a three parts, we examine the the CAAF's decision in United States v. Hasan. This episode addresses the history of this case, and explains the CAAF's opinion addressing MAJ Hasan's decision to represent himself and the Military Judge's decision to close a portion of the trial to the public. Connect with The Judge Advocate General’s Legal Center and School on Facebook (tjaglcs), LinkedIn (tjaglcs), or visit our website for more resources at https://tjaglcs.army.mil/leapp You can also connect directly with the Criminal Law Department on Facebook (tjaglcs_crimlaw) or Instagram (tjaglcs_crimlaw)

In this episode, Major John Tramazzo, Fellow and Professor of Law at the Stockton Center for International Law, is interviewed about his scholarship and research into Deep Fake technology. John shares his research, best reads for military practitioners, and some legal considerations for the military applications of this emerging technology.

MAJ Tramazzo discusses points from this interview linked here: https://mwi.westpoint.edu/deepfakes-and-deception-a-framework-for-the-ethical-and-legal-use-of-machine-manipulated-media/

We bid a fond farewell to Mr. Fred Borch, Professor of Legal History and Regimental Historian and Archivist for the U.S. Army Judge Advocate General’s Corps. Although he is retiring, Mr. Borch will be back from time-to-time with future episodes!

Learn about the dramatic showdown between Vice Chief of Staff of the Army, GEN Maxwell Thurman, and the Judge Advocate General, MG Hugh Overholt, that is the reason why the JAG Corps has warrant officers today.

Enlisted personnel are critical to modern U.S. Army JAG Corps operations, but when did that begin? Mr. Borch explores enlisted personnel’s origins in WWI.

These two cases examine the CAAF’s jurisdiction when deciding on writs filed by SVCs. Specifically, the CAAF decides whether they have the authority to review decisions made by the CCA’s when asked by an accused, and by an SVC, respectively.
Connect with The Judge Advocate General’s Legal Center and School on Facebook (tjaglcs), LinkedIn (tjaglcs), or visit our website for more resources at https://tjaglcs.army.mil/leapp
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How did Mr. Borch, Regimental Historian U.S. Army JAG Corps, find so much information on judge advocates who served in WWI? Learn about his research and treasure trove of biographical sketches.

This episode features Major Adam Reitz, USAF, Associate Professor, Na-tional Security Law Department at The Judge Advocate General’s Legal Cen-ter and School, interviewing Colonel (Ret.) Todd Pennington, then-Staff Judge Advocate, U.S. Space Command on space law including the strategic competition with the People’s Republic of China. In this episode, Col.(Ret.) Pennington discusses the newly released “Tenets of Responsible Behavior in Space and associated specific behaviors,”... read more

This episode features Major Adam Reitz, USAF, Associate Professor, Na-tional Security Law Department at The Judge Advocate General’s Legal Cen-ter and School, interviewing Colonel (Ret.) Todd Pennington, then-Staff Judge Advocate, U.S. Space Command on space law including the strategic competition with the People’s Republic of China. In this episode, Col.(Ret.) Pennington discusses the newly released “Tenets of Responsible Behavior in Space and associated specific behaviors,” addresses the differences between U.S. Space Command and U.S. Space Force, and explains why we are all space lawyers now. This episode is part of a series of episodes with military practitioners in NSL providing career and leadership advice. Although it is fo-cused on military NSL practice, Col(Ret.) Pennington offers his thoughts on the joint environment and scholarly writing for anyone based on his almost 25 years of military service.   show less

In this case, CAAF considers whether courts-martial defendants have a right to a unanimous guilty verdict under the Sixth Amendment, the Fifth Amendment Due Process Clause, or the Fifth Amendment component of equal protection.
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This case clarifies what “viewing” means for purposes of Article 120c, Indecent Viewing. Specifically, CAAF considers whether “viewing” includes viewing a simultaneously created visual image of the private area of another person.
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An in depth discussion on International Humanitarian Law in regard to current events with the Ukranian MOD, MAJ Inna Zavorotko.

In this episode, Lieutenant Colonel Dan Maurer, Professor in the National Security Law Department (ADN) at The Judge Advocate General's Legal Center and School (TJAGLCS), interviews David Crane about his work towards global accountability for international crimes and specifically discusses international efforts to hold the Russian Federation accountable for atrocities in Ukraine.

CAAF explores the appellant’s claims that he suffered cruel and unusual punishment under Article 55, UCMJ and the 8th Amendment during a period of post-trial confinement in a civilian jail.
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CAAF considers whether a military judge abused his discretion by failing to abide by the heightened plea inquiry where the charged offense implicated both criminal and constitutionally protected conduct.
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In this special edition of the Mentorship Matters podcast, CW3 Shaniqua Coley has a conversation with TJAGLCS Command Sergeant Major and 27D AIT/NCOA Commandant Josh Quinton prior to his pending retirement. CSM Quinton has served just over 30 years in the Army as an Infantryman and Paralegal. In this conversation you will hear one of the most senior NCOs in the JAG Corps share some final thoughts on how mentorship has shaped his career and how others can use mentorship to help steward the force. To learn more about the Army JAG Corps’ Leadership Center and to access additional resources please visit https://tjaglcs.army.mil/center/leadership-center or https://tjaglcs.army.mil/leapp.

In this episode, Major Emily Bobenrieth, Associate Professor, National Security Law Department at The Judge Advocate General’s Legal Center and School, sits down with Major Jessica Dawson and Mr. Brandon Pugh to discuss the threat data privacy, or lack thereof, poses to national security, servicemembers, and Americans at large. Both experts in the data privacy field, MAJ Dawson and Mr. Pugh engage in a candid discussion about the way data is collected and used by private companies and... read more

In this episode, Major Emily Bobenrieth, Associate Professor, National Security Law Department at The Judge Advocate General’s Legal Center and School, sits down with Major Jessica Dawson and Mr. Brandon Pugh to discuss the threat data privacy, or lack thereof, poses to national security, servicemembers, and Americans at large. Both experts in the data privacy field, MAJ Dawson and Mr. Pugh engage in a candid discussion about the way data is collected and used by private companies and foreign adversaries to engage in activities: from ad targeting to waging war. Mr. Pugh also sheds light on the ongoing policy and legislative efforts to protect Americans. The episode ends with both experts’ thoughts on how NSL practitioners can best advise their commands now on this complex issue. MAJ Dawson and Mr. Pugh co-published an article in Defense News, discussing how the Russia-Ukraine conflict highlights the U.S. military’s data privacy vulnerabilities. The article can be found at the following URL: https://www.defensenews.com/opinion/2022/04/14/ukraine-conflict-heightens-us-militarys-data-privacy-vulnerabilities/.   show less

Military Judge Colonel Robert (Rob) Shuck provides advice for military justice practitioners in the field for improving their legal practice.

Connect with The Judge Advocate General’s Legal Center and School on Facebook (tjaglcs), LinkedIn (tjaglcs), or visit our website for more resources at https://tjaglcs.army.mil/leapp

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Both these cases explore the reasonableness of the Government’s search of an Accused’s cellular phone. CAAF looks at both the reasonableness of the methodologies of these searches and whether the exclusionary rule should be applied to evidence found during the searches of the cellular phones in these cases.

Connect with The Judge Advocate General’s Legal Center and School on Facebook (tjaglcs), LinkedIn (tjaglcs), or visit our website for more resources at https://tjaglcs.army.mil/leapp

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In this episode, Major Emily Bobenrieth sits down with Ms. Lakmini Seneviratne, Legal Advisor and Head of the Legal department for the International Committee of the Red Cross (ICRC) Regional Delegation for the United States and Cana-da located in Washington, D.C. Having joined the ICRC in 2008, Ms. Seneviratne discusses her path to becoming an operational legal advisor, the mission of the ICRC, and the attorneys who advise this unique organization. She touches on cur-rent operational legal... read more

In this episode, Major Emily Bobenrieth sits down with Ms. Lakmini Seneviratne, Legal Advisor and Head of the Legal department for the International Committee of the Red Cross (ICRC) Regional Delegation for the United States and Cana-da located in Washington, D.C. Having joined the ICRC in 2008, Ms. Seneviratne discusses her path to becoming an operational legal advisor, the mission of the ICRC, and the attorneys who advise this unique organization. She touches on cur-rent operational legal challenges facing the ICRC, as well as how the ICRC inter-acts with DoD and uniformed attorneys in operational environments. This episode ends with her thoughts on how a near-peer, large-scale combat operation (LSCO) will present grave challenges to the ICRC’s mission, and why the international community should strive to avoid any LSCO, as the humanitarian costs of such a conflict would be devastating. Ms. Seneviratne co-published an article in Articles of War, touching many of the ideas discussed in this podcast. The article can be found at the following URL: https://lieber.westpoint.edu/reducing-human-cost-large-scale-military-operations/   show less

In this episode of the Mentorship Matters podcast, COL Rob Abbott, the Army JAG Corps’ Leadership Center Director, interviews LTG (R) Flora Darpino, the 39th Judge Advocate General of the Army. This interview took place at The Judge Advocate General’s Legal Center and School in Charlottesville, VA during the 2nd annual MG Gray and LTC Propp-Fowle Lecture on Diversity, Equity, and Inclusion. To learn more about the Army JAG Corps’ Leadership Center and to access additional resources please visit https://tjaglcs.army.mil/center/leadership-center or https://tjaglcs.army.mil/leapp.

In this episode of the Mentorship Matters podcast, CW3 Shaniqua Coley and COL Rob Abbott discuss the history, mission, and current and future initiatives of the U.S. Army JAG Corps’s Leadership Center. To learn more about the U.S. Army JAG Corps’s Leadership Center and to access additional resources please visit https://tjaglcs.army.mil/center/leadership-center or https://tjaglcs.army.mil/leapp.

In this case, CAAF consider an improper sentencing argument, specifically looking at and applying the test for prejudice from improper sentencing arguments. MAJ Dustin Morgan and LtCol David Segraves provide an overview of the case and key takeaways for military justice practitioners.

Connect with The Judge Advocate General’s Legal Center and School on Facebook (tjaglcs), LinkedIn (tjaglcs), or visit our website for more resources at https://tjaglcs.army.mil/leapp

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Colonel (Ret.) Larry Morris, the Chief of Staff/Counselor to the President of The Catholic University of America delivered the 50th Kenneth J. Hodson Lecture in Criminal Law to the 71st Graduate Course and the Staff and Faculty at The Judge Advocate General’s Legal Center and School. He provided an historical and principled view on “Military Justice in Transition.”

This was a special moment to honor the incredible US Army JAG Corps legacy of Major General Kenneth J. Hodson, whose... read more

Colonel (Ret.) Larry Morris, the Chief of Staff/Counselor to the President of The Catholic University of America delivered the 50th Kenneth J. Hodson Lecture in Criminal Law to the 71st Graduate Course and the Staff and Faculty at The Judge Advocate General’s Legal Center and School. He provided an historical and principled view on “Military Justice in Transition.” This was a special moment to honor the incredible US Army JAG Corps legacy of Major General Kenneth J. Hodson, whose Army career spanned over 30 years, from 1942 through his appointment as The Judge Advocate General of the Army in 1967, to his retirement in 1971, and to celebrate this significant milestone at TJAGLCS. Connect with The Judge Advocate General’s Legal Center and School on Facebook (tjaglcs), LinkedIn (tjaglcs), or visit our website for more resources at https://tjaglcs.army.mil/leapp You can also connect directly with the Criminal Law Department on Facebook (tjaglcs_crimlaw) or Instagram (tjaglcs_crimlaw)   show less

This case clarifies the standard a military judge must utilize when crafting a remedy for a discovery violation under RCM 701(g)(3)(D). Although this is, at its core a statutory interpretation case, there are discovery lessons to be learned. MAJ Dustin Morgan and MAJ Josh Mikkelsen provide an overview of the case and key takeaways for military justice practitioners.

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In this narrow case, the CAAF looks at whether an adjudged reprimand was appropriate as written as part of its sentence appropriateness review under Article 66(d)(1), Uniform Code of Military Justice (UCMJ).

Connect with The Judge Advocate General’s Legal Center and School on Facebook (tjaglcs), LinkedIn (tjaglcs), or visit our website for more resources at https://tjaglcs.army.mil/leapp

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Major Josh Mikkelsen, resident Sexual Assault Prevention and Response (SAPR) expert at The Judge Advocate General’s Legal Center and School, shares with us what he considers to be the most significant SAPR updates in the last few years. This is an important episode for commanders and judge advocates advising commanders on SAPR issues.

Here are some resources shared during the episode:

Army Safe-to-Report Policy: Army Directive 2022-10 -... read more

Major Josh Mikkelsen, resident Sexual Assault Prevention and Response (SAPR) expert at The Judge Advocate General’s Legal Center and School, shares with us what he considers to be the most significant SAPR updates in the last few years. This is an important episode for commanders and judge advocates advising commanders on SAPR issues. Here are some resources shared during the episode: Army Safe-to-Report Policy: Army Directive 2022-10 - https://armypubs.army.mil/epubs/DR_pubs/DR_a/ARN35839-ARMY_DIR_2022-10-000-WEB-1.pdf Reforms to Sexual Harassment/Sexual Assault in the Army: Army Directive 2022-13- https://armypubs.army.mil/epubs/DR_pubs/DR_a/ARN36462-ARMY_DIR_2022-13-000-WEB-1.pdf DoDI 6495.02, Sexual Assault Prevention and Response - https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/649502_vol01.PDF?ver=onrMrl4-MNbCcN4PkGmWVQ%3d%3d Connect with The Judge Advocate General’s Legal Center and School on Facebook (tjaglcs), LinkedIn (tjaglcs), or visit our website for more resources at https://tjaglcs.army.mil/leapp You can also connect directly with the Criminal Law Department on Facebook (tjaglcs_crimlaw) or Instagram (tjaglcs_crimlaw)   show less

This Quill and Sword episode features a previously aired NSL Unscripted episode where MAJ M. Keoni Medici interviews COL Pete Hayden (Staff Judge Advocate, U.S. Cyber Command) on pursuing assignments as a judge advocate in national security law (NSL). This episode is the second episode in a three-part series. Check out the third part of this series on NSL Unscripted.

Judge advocates stayed “over there” well past the WWI armistice. What were they doing? Find out on this episode of Fred Talks.

In this case, we explore the sentence appropriateness power of the CCAs.

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CLAMO hosts CSM Scott Beeson, U.S. Army Center for Initial Military Training. CSM Beeson reflects on his career, shares leadership lessons from the Battle of Wanat, and discusses implementing Holistic Health and Fitness (H2F).

To quote Chief Judge Ohlson directly “This case underscores the need for everyone involved in a court-martial to pay meticulous attention to the panel member selection process.”

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Mr. Fred Borch and Dr. Victoria Barnett discuss Yom HaShoah, legal implications, and anti-Semitic trends along the timeline that led to the “final solution”. Dr. Barnett is the Frank Talbott, Jr. Endowed Visiting Professor at the University of Virginia.

Over there! That’s right, Judge Advocates went “over there” not just to France, but also to Russia. On this episode Mr. Borch reveals what the American Expeditionary Force’s judge advocates were doing in Vladivostok and Archangel.

This case addresses the application of MRE 412 (prohibition of evidence of sexual behavior or disposition of a victim), but also may be seen as an explora-tion into the Abuse of Discretion standard that appellate courts apply to trial judge’s rulings on evidence.

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CLAMO hosts COL Reese and MAJ Young from the Joint Multinational Readiness Center to discuss commanders’ relationships with their judge advocate and legal team.

CLAMO hosts COL Reese and MAJ Young from the Joint Multinational Readiness Center to discuss commanders’ relationships with their judge advocate and legal team.

This Art. 62 appeal reviews a military judge’s suppression of evidence found on the accused’s phone.

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This case is about remote live testimony of a child and the accused’s right to confrontation.

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Over there! That’s right, Judge Advocates went “over there” with the AEF. In this episode of Fred Talks, Mr. Borch address criminal jurisdiction, General Pershing’s military justice priorities, and judge advocates’ roles.

CLAMO speaks with Professors Jack Beard and Michelle Hanlon about the current state of space law and resources judge advocates need to know about.

CLAMO speaks with Professors Jack Beard and Michelle Hanlon about the cur-rent state of space law and resources judge advocates need to know about.

It’s Tax Season! MAJ Ceara Riggs and MAJ Kyle Burgamy clarify state residency requirements for Service members and spouses that may help reduce their tax burden.

In this case, the CAAF explores the use of an accused’s testimony from a prior trial under Military Rule of Evidence (M.R.E.) 801(d)(2) as an admission by a party opponent.

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This case is about whether attempted conspiracy is a viable offense under the UCMJ. We also discuss the concept of waiver.

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This is the second episode of Season 3 of FredTalks! Mr. Borch explains how the JAG Department grew from only 17 uniformed lawyers in 1917 to over 400 personnel during the Great War. Listeners can find a PDF copy of the book by going to: https://tile.loc.gov/storage-services/service/ll/llmlp/JudgeAdvocates-in-GreatWar_1917-1922/JudgeAdvocates-in-GreatWar_1917-1922.pdf

In this inaugural episode of the NSL Unscripted podcast, LTC Laura West, Chair of the National Security Law Department at The Judge Advocate General’s Legal Center and School, interviews two esteemed military national security law practitioners: COL Pete Hayden, Staff Judge Advocate, U.S. Cyber Command, and COL Eric Widmar, Staff Judge Advocate, U.S. Central Command. COL Hayden and COL Widmar share their perspectives on past NSL practice, contemporary lessons, and where they envision the... read more

In this inaugural episode of the NSL Unscripted podcast, LTC Laura West, Chair of the National Security Law Department at The Judge Advocate General’s Legal Center and School, interviews two esteemed military national security law practitioners: COL Pete Hayden, Staff Judge Advocate, U.S. Cyber Command, and COL Eric Widmar, Staff Judge Advocate, U.S. Central Command. COL Hayden and COL Widmar share their perspectives on past NSL practice, contemporary lessons, and where they envision the practice of NSL heading into the future. This Quill & Sword episode is a feature episode from NSL Unscripted, a national security law podcast produced by The National Security Law Department (ADN) at The Judge Advocate General's Legal Center and School. NSL Unscripted is a national security law (NSL) practitioner’s podcast bringing listeners unscripted, real conversations with NSL practitioners and leaders—in the military, government, and civilian practice, as well as discussions on emerging and hot topics. For more NSL Unscripted episodes, follow the NSL Unscripted podcast at https://tjaglcs.army.mil/nsl-unscripted or on most major podcast platforms.   show less

The Center for Law and Military Operations (CLAMO) hosted the Domestic Operations Law short course 23-27 January at TJAGLCS. Maj. Jayne Thompson presented a class on Canadian Domestic Operations Law and joins us on this episode.

This case is about whether the Air Force Court of Criminal Appeals (AFCCA) erred in conducting their factual sufficiency review. Appellant alleges they required him to prove his mistake of fact defense with “direct evidence.”

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This case is about whether the appellant voluntarily gave his cell phone pass-word to criminal investigators.

Welcome to Season 3 of Fred Talks! This season will cover Mr. Borch’s book, Judge Advocates in the Great War 1917-1922. This first episode takes a look into the state of the U.S. Army at the onset of its entry in the Great War. Listeners can find a PDF copy of the book at The Quill & Sword webpage (https://tjaglcs.army.mil/thequillandsword)

The Center for Law and Military Operations (CLAMO) hosts the very first The Quill and Sword podcast episode. Listen to learn about upcoming AARs, where to find CLAMO products, and who to contact with requests for infor-mation and assistance.

This case analyzes the mandatory disclosure exception to the MRE 513 privilege.

This case involves two issues: ineffective assistance of counsel, alleging the defense team should have informed the accused to discuss certain collateral consequences, as well as prosecutorial misconduct in the form of improper argument.

The U.S. Army Judge Advocate General’s Legal Center and School announces The Quill and Sword Network of Podcasts: The Quill and Sword, FredTalks, Criminal Law Department Presents.

This case offers the first CAAF analysis of the (relatively) new Article 117a offense.

This discussion focuses on the limits of the MRE 513 privilege.

Recorded earlier this summer, Lt Col Andy Farquhar, British Army Legal Service and LTC Chris Franca, U.S. Army JAG Corps discuss their experiences and achievements while participating in the Military Personnel Exchange Program (MPEP). Lt Col Farquhar served in CLAMO and as Deputy Director of the Legal Center, TJAGLCS, and LTC Franca worked for the Head of Operational Law, British Army. Lt Col Farquhar and LTC Franca discuss their efforts to institutionalize multinational legal interoperability and the importance it will play in future conflicts.

Dr. Jan Ganschow, German armed forces legal service exchange officer at the Center for Law and Military Operations (CLAMO), and MAJ Jason Young, U.S. Army JAG Corps at the Joint Multinational Readiness Center (JMRC), Hohenfels, Germany discuss multinational legal interoperability.

This case explores some of the limits on a victim’s unsworn statement under RCM 1001A (now RCM 1001(c)).

The only judge advocate to be decorated for heroism in Vietnam, COL Finkelstein served for over 30 years in the Army JAG Corps. This week Fred tells the story of how a foreign claims mission to a Vietnamese village led then LTC Finkelstein to join with his infantry escort to repel a Viet Cong attack.

”**Music by Joseph McDade

Recorded in the SGM Nolan reading room and library at The Judge Advocate General’s Legal Center and School, Mr. Borch guides us through the life and decades of exemplary service of the first JAG Corps Sergeant Major—a position now known as the Regimental Command Sergeant Major.

”**Music by Joseph McDade

***The views expressed on the podcast are the views of the participants and do not necessarily represent those of The Judge Advocate General’s Legal Center and School, the Army, the Department of Defense, or any other agency of the US Government.

This week we focus on the human component as we hear from ROTC Cadet Isabella Fisher and learn about the ROTC experience and how an aspiring lawyer and JAG Corps officer can navigate the delayed entry program.

Many listeners will be familiar with the military commissions in relation to the war on terror. However, long before those President Andrew Johnson ordered a military tribunal for the Lincoln assassination conspirators. Find out why on this episode of Fred Talks.

For more information, see the report of the trial on the Library of Congress website website (https://www.loc.gov/re-source/llscd.200900209112991/?st=gallery)

** Music by Joseph McDade

*** The views expressed on this podcast are the views of the participants and do not necessarily represent those of The Judge Advocate General's Legal Center and School, the Army , the Department of Defense, or any other agency of the US Government.

Episode 21 takes us to the AFRICOM AOR where we join MAJ Thomas Dyrenforth, a Foreign Area Officer (FAO) focused on Kenya, Tanzania, Sudan, and South Sudan. MAJ Dyrenforth sits down with us to discuss China’s growing influence in Africa, including their increased UN peacekeeping presence.

Battlefield Next has the honor of hosting the 56th Quartermaster General of the United States Army, BG Michelle Donahue. A graduate of Duke University, BG Donahue also holds advanced degrees from Georgetown and the National Defense University. On today’s episode, BG Donahue talks to us about her varied roles in the Sustainment community, the future of sustainment, and her view of the role of the Judge Advocate in Large Scale Combat operations, especially as they pertain to sustainment.

In July of 2021, the United States began evacuating Afghans with Special Immigrant Visa Status (or SIV). After the Taliban occupation of Kabul, however, the proverbial flood gates opened and throughout August, the US evacuated approximately 70,000 people on military air. Joining us today is a panel of three judge advocates who were intimately involved in both the tactical and operational execution of what came to be known as Operation Allies Welcome.

Today, something new, something old, something different, something very much the same, BUT something everyone has been waiting with baited breath to hear. Join us as we talk about the history of this podcast’s namesake, the history of FRED.


**Music by Joseph McDade


***The views expressed on the podcast are the views of the participants and do not necessarily represent those of The Judge Advocate General’s Legal Center and School, the Army, the Department of Defense, or any other agency of the US Government.

When we last left off, the US Army JAG Corps was without a home after leaving the University of Michigan in the 1940’s. Part 2 of our series examines the winding path that led us to our current home on the Grounds of the University of Virginia.


**Music by Joseph McDade


***The views expressed on the podcast are the views of the participants and do not necessarily represent those of The Judge Advocate General’s Legal Center and School, the Army, the Department of Defense, or any other agency of the US Government.

Episode 5! Judge Advocates have served in the Army since the 18th century, but the idea of a “JAG School” is relatively new. Mr. Borch details the history of the JAG Corp’s first brick and mortar institution, including a stop at the University of Michigan in Ann Arbor during WWII.

**Music by Joseph McDade

***The views expressed on the podcast are the views of the participants and do not necessarily represent those of The Judge Advocate General’s Legal Center and School, the Army, the Department of Defense, or any other agency of the US Government.

Mr. Borch reading from a 123-year-old manual? Sounds like the latest episode of Fred Talks. Join us as Mr. Borch shines a light on the proverbial dark ages before the UCMJ. What was it like to try a case 150 years ago? Why and when did the nation move towards a standard uniform code? All this and more on episode 4!

***The views expressed on the podcast are the views of the participants and do not necessarily represent those of The Judge Advocate General’s Legal Center and School, the Army, the Department of Defense, or any other agency of the US Government.

Ever wonder why military judges wear black robes? OK, maybe that question doesn’t live rent free in your brain . . . BUT the answers are here, thanks to Mr. Borch our regimental historian. The Uniform Code of Military Justice (UCMJ) was a revolution in the way the military tries cases, but a second lesser known revolution took place in 1968 – the Military Justice Act. More attorneys, military judges, and yes . . . even black robes. All found on this week’s Fred Talks.

***The views expressed on the podcast are the views of the participants and do not necessarily represent those of The Judge Advocate General’s Legal Center and School, the Army, the Department of Defense, or any other agency of the US Government.

CSM Quinton is the Command Sergeant Major of The Judge Advocate General’s Legal Center and School and the Commandant of the NCO Academy in Charlottesville, VA. Join us as he explores his past, the reasons for his Service, and his expectations for the future force (some discussion on his 6’8” stature may also make an appearance or two).

The Evolution of the Paralegal & Advanced Individual Training (AIT)
Mr. Borch takes us through the evolution of the paralegal specialist, both their role and their training. From legal clerk to para-professional, the Paralegal has seen a vast change in their responsibilities and duty titles over the last fifty years. Today, the paralegal is a vital part of any legal team, and often the tip of the proverbial legal spear. Join us our regimental historian colorfully (as always) describes... read more

The Evolution of the Paralegal & Advanced Individual Training (AIT) Mr. Borch takes us through the evolution of the paralegal specialist, both their role and their training. From legal clerk to para-professional, the Paralegal has seen a vast change in their responsibilities and duty titles over the last fifty years. Today, the paralegal is a vital part of any legal team, and often the tip of the proverbial legal spear. Join us our regimental historian colorfully (as always) describes that evolution. ***The views expressed on the podcast are the views of the participants and do not necessarily represent those of The Judge Advocate General’s Legal Center and School, the Army, the Department of Defense, or any other agency of the US Government.   show less

COL(Ret) Donna Wright was a member of the US Military Academy at West Point’s first coeducational class. Join us as she discusses trailblazing in the military, from her Academy beginnings to her career as a military judge.

I’d like to welcome you to something a little bit different on the Battlefield Next network of podcasts. You all have I’m sure heard of the world-famous, hard-hitting, cutting edge discussions on society and technology, known as Ted Talks. Well . . . . we don’t own any fancy skinny microphones, we can’t trade in our OCPs for black turtlenecks, BUT we can and will bring to you a segment fondly known as Fred Talks. Join us weekly as the Army JAG Corps’ Regimental Historian provides... read more

I’d like to welcome you to something a little bit different on the Battlefield Next network of podcasts. You all have I’m sure heard of the world-famous, hard-hitting, cutting edge discussions on society and technology, known as Ted Talks. Well . . . . we don’t own any fancy skinny microphones, we can’t trade in our OCPs for black turtlenecks, BUT we can and will bring to you a segment fondly known as Fred Talks. Join us weekly as the Army JAG Corps’ Regimental Historian provides short glimpses of our institutional past. You can only succeed on the battlefields of tomorrow, IF you learn about the battlefields of yesterday, SO TODAY, it’s time to settle in for our very first “Fred Talk” on the evolution of the JAG Corps. ***The views expressed on the podcast are the views of the participants and do not necessarily represent those of The Judge Advocate General’s Legal Center and School, the Army, the Department of Defense, or any other agency of the US Government.   show less

Continuing our focus on interoperability, today we journey across the pond to interview Lieutenant Colonel Chritofer Franca, a U.S. Army Judge Advocate embedded with British Army Forces. LTC Franca discusses his background, his current position, and his take on interoperability and its application to future conflict.

On today’s episode, Lieutenant Colonel Andrew Farquhar and Major Jason Coffey discuss the Army Legal Service, his background, his role at The Judge Advocate General’s Legal Center, and his focus on interoperability.

On today’s episode, Mr. Fred L. Borch* and Major Jason C. Coffey discuss Judge Advocates in the Great War, covering the pre-World War I Judge Advocate General’s Corps, its expansion after the United States entered the war, Judge Advocate training, and the duties Judge Advocates performed during the war.

On today’s episode, Major Keoni Medici interviews Mr. Fred Borch on his remarks for the symposium commemorating the 75th anniversary of the International Military Tribunal at Nuremberg on 19 November 2020 at The Judge Advocate General’s Legal Center and School.

On today’s podcast we have Major Joshua Wolff, the Army Element Staff Judge Advocate for U.S. Space Command. Major Wolff recently completed a Masters of Law in Space, Cyber, and Telecommunications at the University of Nebraska, College of Law. On today’s episode, Major Wolff and Major Coffey discuss MAJ Wolff’s thesis, “Interrupted Broadcasts? The Law Of Neutrality And Communications Satellites”**, covering the law of neutrality, space law and neutrality, gaps in the current laws, and proposed solutions to close those gaps.

On today’s podcast we have Brigadier General (Retired) Rich Gross, former Legal Counsel to the Chairman of the Joint Chiefs of Staff. Brigadier General Gross has also served as the Staff Judge Advocate of U.S. Central Command, US Forces-Afghanistan, and Joint Special Operations Command. MAJ Wellemeyer and MAJ Wellemeyer interviewed Brigadier General Gross the evolution of national security law, the importance of judge advocate integration into the units they are advising, and advising commanders in an operational setting.

On today’s episode we have Brigadier General R. Patrick Huston, the Assistant Judge Advocate General for Military Law and Operations. BG Huston oversees international legal engagements, criminal prosecutions and government appeals for the Army. He also supervises the legal teams that provide advice on national security law, contract actions, administrative law and criminal law. He is focused on the legal and ethical development and use of artificial intelligence, autonomous weapons,... read more

On today’s episode we have Brigadier General R. Patrick Huston, the Assistant Judge Advocate General for Military Law and Operations. BG Huston oversees international legal engagements, criminal prosecutions and government appeals for the Army. He also supervises the legal teams that provide advice on national security law, contract actions, administrative law and criminal law. He is focused on the legal and ethical development and use of artificial intelligence, autonomous weapons, cybersecurity and other emerging technologies. He also supports diversity and inclusion initiatives as part of talent management for the JAG Corps, one of the world's largest legal organizations. Part three discusses the lessons learned from the COVID-19 pandemic, and how the JAG Corps and Army moves forward with those lessons.   show less

On today’s episode we have Brigadier General R. Patrick Huston, the Assistant Judge Advocate General for Military Law and Operations. BG Huston oversees international legal engagements, criminal prosecutions and government appeals for the Army. He also supervises the legal teams that provide advice on national security law, contract actions, administrative law and criminal law. He is focused on the legal and ethical development and use of artificial intelligence, autonomous weapons,... read more

On today’s episode we have Brigadier General R. Patrick Huston, the Assistant Judge Advocate General for Military Law and Operations. BG Huston oversees international legal engagements, criminal prosecutions and government appeals for the Army. He also supervises the legal teams that provide advice on national security law, contract actions, administrative law and criminal law. He is focused on the legal and ethical development and use of artificial intelligence, autonomous weapons, cybersecurity and other emerging technologies. He also supports diversity and inclusion initiatives as part of talent management for the JAG Corps, one of the world's largest legal organizations. Part two discusses Deep Fake technology, providing an overview, the risks involved, and protecting against deep fakes.   show less

On today’s episode we have Brigadier General R. Patrick Huston, the Assistant Judge Advocate General for Military Law and Operations. BG Huston oversees international legal engagements, criminal prosecutions and government appeals for the Army. He also supervises the legal teams that provide advice on national security law, contract actions, administrative law and criminal law. He is focused on the legal and ethical development and use of artificial intelligence, autonomous weapons,... read more

On today’s episode we have Brigadier General R. Patrick Huston, the Assistant Judge Advocate General for Military Law and Operations. BG Huston oversees international legal engagements, criminal prosecutions and government appeals for the Army. He also supervises the legal teams that provide advice on national security law, contract actions, administrative law and criminal law. He is focused on the legal and ethical development and use of artificial intelligence, autonomous weapons, cybersecurity and other emerging technologies. He also supports diversity and inclusion initiatives as part of talent management for the JAG Corps, one of the world's largest legal organizations. Part one covers Artificial Intelligence; its uses, common misconceptions, the importance of public/private partnerships, legal and ethical challenges, and advising commanders on the uses of AI.   show less

On today’s podcast we have BG Joseph B. Berger, the Commanding General of The Judge Advocate General’s Legal Center and School, the premier training, education, and analysis institution for military law. As the Commander, BG Berger is responsible for developing and executing our Army’s (and in many cases, the Joint Force’s) institutional level legal training of uniform and civilian attorneys, paralegals, and legal administrators. The Legal Center and School’s mandate is not just... read more

On today’s podcast we have BG Joseph B. Berger, the Commanding General of The Judge Advocate General’s Legal Center and School, the premier training, education, and analysis institution for military law. As the Commander, BG Berger is responsible for developing and executing our Army’s (and in many cases, the Joint Force’s) institutional level legal training of uniform and civilian attorneys, paralegals, and legal administrators. The Legal Center and School’s mandate is not just limited to members of the JAG Corps; it is also responsible for legal training across the Army, from what our Soldiers learn about the law of war during basic combat training to what our most senior commanders learn during their Senior and General Officer Legal Orientations, mandatory courses before they can assume command of our Nation’s sons and daughters.   show less

On today’s podcast we have an interview with CDR Jonathan Shumate and MAJ Vo-Laria Brooks from the US Army JAG Corps’ Center for Law and Military Operations (also known as “CLAMO”), a Directorate of the The Judge Advocate General’s Leal Center in Charlottesville, VA. CDR Shumate serves as the Coast Guard Advanced Operational Law Studies Fellow. MAJ Brooks serves as the Director of Domestic Operations and National Guard Bureau (NGB) Liaison where she is responsible for teaching Defense Support of Civil Authorities (DSCA) at TJAGLCS, as well as providing support for the DSCA mission for the 54 States and Territories of the National Guard.

On today’s podcast we have an interview with Mr. Fred Borch, Professor of Legal History and Leadership at The Judge Advocate General’s Legal Center and School, and the Regimental Historian and Archivist for the U.S. Army Judge Advocate General’s Corps. On today’s episode, Mr. Borch and MAJ Wellemeyer discuss the Ansell-Crowder controversy of 1917-1920, and its relation to the modern military justice system.

On today’s episode, we have an interview of Mr. John Norton Moore, Walter L. Brown Professor of Law Emeritus at the University of Virginia School of Law, by Major Travis J.Covey, Vice Chair and Professor of Law in the National Security Law Department at the Judge Advocate General’s Legal Center and School. The episode is an addendum to the Thirteenth Waldemar A. Solf and Marc L. Warren Chair lecture in National Security Law given to by Mr. Moore at the Judge Advocate General’s Legal Center and School.

On today’s podcast we have an is an interview of Mr. Donald Polden, Dean Emeritus and Professor of Law at Santa Clara University, by Brigadier General Joseph B. Berger, the commanding general of the Judge Advocate General’s Legal Center and School, and Colonel Jerrett W. Dunlap, Dean of The Judge Advocate General’s School. The podcast is an addendum to a lecture on “Legal Leadership” given by Mr. Polden to the students of the 68th graduate course.

On today’s podcast, we have an interview with three recent graduates of the Judge Advocate Officer Basic Course: First Lieutenant Briana Kolota; First Lieutenant Asia Buss; and First Lieutenant Mandi Ford. MAJ Wellemeyer and MAJ Coffey had the opportunity to sit down with them to discuss what made them choose the JAG Corps, their commissioning sources, and their experiences in the application process, the Direct Commission Officer Course, and at the Judge Advocate Officer Basic Course. Part two covers their experiences at the Direct Commission Officer Course, the Judge Advocate Officer Basic Course, the advice they would give future applicants, and what they think the JAG Corps can do to improve the application and accession process.

On today’s podcast, we have an interview with three recent graduates of the Judge Advocate Officer Basic Course: First Lieutenant Briana Kolota; First Lieutenant Asia Buss; and First Lieutenant Mandi Ford. MAJ Wellemeyer and MAJ Coffey had the opportunity to sit down with them to discuss what made them choose the JAG Corps, their commissioning sources, and their experiences in the application process, the Direct Commission Officer Course, and at the Judge Advocate Officer Basic Course. In... read more

On today’s podcast, we have an interview with three recent graduates of the Judge Advocate Officer Basic Course: First Lieutenant Briana Kolota; First Lieutenant Asia Buss; and First Lieutenant Mandi Ford. MAJ Wellemeyer and MAJ Coffey had the opportunity to sit down with them to discuss what made them choose the JAG Corps, their commissioning sources, and their experiences in the application process, the Direct Commission Officer Course, and at the Judge Advocate Officer Basic Course. In part one, MAJ Wellemeyer and I discuss with them such topics as: why they chose the Army JAG Corps, their commissioning sources, JAG Corps internships, their experiences with the application, accession, and assignment process, and preparing for and reporting to the Direct Commission Officer Course.   show less

On today’s podcast we have an interview with Mr. Fred Borch about the historical events that shaped the practice of operational law by judge advocates into the robust practice area we know it as today: national security law. Mr. Borch is a Professor of Legal History and Leadership at The Judge Advocate General’s Legal Center and School where he also holds the title of Regimental Historian and Archivist.

On today’s podcast, we have an interview with Professor Claire Finkelstein from the University of Pennsylvania Law School. Professor Finkelstein is the founder and director of the Center for Ethics and Rule of Law at University of Pennsylvania Law School. MAJ Wellemeyer had the opportunity to sit down with Professor Finkelstein at the conclusion of the Ethical Challenges in the Development of New Weaponry symposium that occurred earlier this fall. During the conversation, Professor... read more

On today’s podcast, we have an interview with Professor Claire Finkelstein from the University of Pennsylvania Law School. Professor Finkelstein is the founder and director of the Center for Ethics and Rule of Law at University of Pennsylvania Law School. MAJ Wellemeyer had the opportunity to sit down with Professor Finkelstein at the conclusion of the Ethical Challenges in the Development of New Weaponry symposium that occurred earlier this fall. During the conversation, Professor Finkelstein explains why she founded the Center for Ethics and the Rule of Law, but the majority of the interview is spent discussing topics related to artificial intelligence, including: the intersection of AI and cyberwarfare, the issues with AI and legal accountability, and what judge advocates and national security law practitioners can do to navigate this rapidly evolving area of technology and the law.   show less

Our first podcast is an interview with General (Ret.) Joseph Votel. General Votel is recently retired from the United States Army after a 39 year career. The last position he held was as the Commander of US Central Command from March 2016 to March 2019.