The Army Lawyer 2019 Issue 1

The Court Is Assembled: The Future JAG Corps

Fri, 28 Jun 2024 21:05:00 GMT

This issue of The Army Lawyer recalls a few important lessons learned at the September 2018 Worldwide Continuing Legal Education (WWCLE) event at our regimental home in Charlottesville. This year’s event brought together senior JAG Corps leaders from around the globe, representing all Army components.

News & Notes

Fri, 28 Jun 2024 21:02:00 GMT

By now you’ve probably heard about the Army’s new physical fitness test: the Army Combat Fitness Test (ACFT). The ACFT is currently being fielded as a gender and age neutral test promised to better measure the overall fitness of each Soldier. The ACFT isn’t an idea merely being thrown out for feedback; it will be the tool that the Army will use to assess the physical readiness of Soldiers. The JAG Corps needs to be ready for the ACFT.

Lore of the Corps: The German Job

Fri, 28 Jun 2024 20:49:00 GMT

In the aftermath of World War II, the theft of gold, silver, and jewels belonging to the German aristocratic House of Hesse triggered an intensive criminal investigation and resulted in three high-profile courts-martial. When it was all over, Colonel (COL) Jack W. Durant, Major (MAJ) David Watson, and Captain (CPT) Kathleen Burke Nash were all in jail.1

In Memoriam: Remembering Recently Departed Judge Advocates

Fri, 28 Jun 2024 20:44:00 GMT

Two prominent African-American attorneys, both of whom who served in our Corps in the late 1960s and 1970s, recently passed away. By a strange coincidence, they were both born in the same year, only months apart, and died within days of each other. Both attended the same Judge Advocate Officer Basic Class in 1969, and both went on to have extraordinarily successful careers in law and in government.

WRITECOM: #thinkbeforeyoupost

Fri, 28 Jun 2024 20:32:00 GMT

In the age of Twitter, Facebook, and Snapchat, it is essential for us to focus on both how we communicate and what we communicate. So, what does that mean? Since the advent of social media, people firmly believe others want or need to see their every move; but not everything is best shared. People forget that sometimes it’s better to communicate face-to-face, like the good ol’ days. Additionally, we are so quick to get information out there that we fail to think through or proofread the potential post—and we should proofread everything. Remember that what you post on social media might be someone’s first impression of you; you want to make sure it is a positive impression. Below are ten things to think about before you post on social media. The bottom line is this: think before you post.

Practice Notes: Handling FOIA Requests Related to Courts-Martial

Fri, 28 Jun 2024 20:21:00 GMT

Over the past five years the military has seen a significant increase in both the media’s and general public’s interest in criminal prosecutions taking place within the military. In the Army alone, the prosecutions of Brigadier General Jeffrey Sinclair, Private First Class Bradley Manning, and Sergeant Bowe Bergdahl are just three examples of courts-martial generating such interest. While Rule for Courts-Martial (R.C.M.) 806 gives members of the military and the civilian public the ability to access courts-martial proceedings, it also gives military judges wide latitude to control who is present in the courtroom and to decide whether the proceedings will be open or closed.

U.S. Tax Reform

Fri, 28 Jun 2024 20:17:00 GMT

On 22 December 2017, the president signed into law P.L. 115-97 (the “Act”).1 The Act represents the largest overhaul of the U.S. Internal Revenue Code since the Tax Reform Act of 1986.2 Specifically, the Act lowers individual tax rates and increases the standard deductions, while modifying or repealing a number of other previously available deductions, generally effective 1 January 2018. Absent further Congressional action, since the Act was passed under the Senate “budget reconciliation” rules, most of the individual provisions are scheduled to sunset after 2025. This article summarizes the most important changes affecting service members.

No.1: Worldwide Wrap Up 2018 - Lethal Autonomous Weapon Systems

Fri, 28 Jun 2024 19:53:00 GMT

At the 2018 Worldwide CLE, the National Security Law Department at TJAGLCS talked about some of the rules that apply to lethal autonomous weapon systems. We would like to share them here for everyone to think about and discuss.1 Though these weapons are too new for us to provide a comprehensive discussion of each and every rule that could apply, there are three more modest goals that we can accomplish: We can identify what autonomous weapon systems are; we can describe what we already know about the rules governing autonomous weapon systems; and we can identify—cautiously—some of the future legal problems that must be solved in order to get autonomous weapon systems right.

Judge Advocates Need to Provide Stability to Changing Army

Fri, 28 Jun 2024 19:39:00 GMT

Undersecretary of the Army Hon. Ryan D. McCarthy stressed the need for judge advocates to provide stability to the Army as it begins a period of renaissance, during a speech he gave at the WWCLE in September 2018.

Back to the Future

Fri, 28 Jun 2024 19:26:00 GMT

On 19 September 2018, Lieutenant General (LTG) Eric J. Wesley—dual hatted as the Deputy Commanding General, Army Futures Command (AFC), and the Director, Army Capabilities Integration Center (ARCIC), U.S. Army Training and Doctrine Command—briefed LTG Charles N. Pede and his senior leaders on building the future Army.1 Lieutenant General Wesley’s message was clear—the paradigms of war are rapidly changing, now our Army must too.

Four Pillars of a Successful JAGC Career

Fri, 28 Jun 2024 19:21:00 GMT

General Pede, General Risch, members of the Regiment, Ladies and Gentlemen, good evening! I want to thank General Pede, General Risch, and the members of the Regiment for honoring me as a Distinguished Member of the Regiment.

No. 2: Find Your Yoda

Fri, 28 Jun 2024 19:04:00 GMT

It’s a tremendous honor to be here. It’s a little intimidating, frankly. First of all, I worked for Mark Warren—absolutely one of the best bosses I ever had. And, in my mind, I have a very short list of the top Operational Law attorneys that I’ve ever worked with–Army and other services–and he is on that short list. Pat Huston is also on that short list. So, I’ve got those two here. To make it more intimidating, Professor Yoram Dinstein, who probably is the greatest mind on the planet when it comes to International and Humanitarian Law, is also here. Sir, you will be greatly disappointed today.

No. 3: Reforming The Army's Online Policies

Fri, 28 Jun 2024 18:55:00 GMT

The sentiment conveyed above is enduring; it epitomizes core Army values. In an age where electronic communication is commonplace, it is critical to ensure that dignity and respect is maintained offline and online. A harmful communication sent from behind a screen does not trivialize the behavior; the consequences of carrying out acts which flout Army values are the same regardless of the domain—cyber or face-to-face—in which those acts occur.

No. 4: The Special Victim Counsel Program at Five Years

Wed, 26 Jun 2024 17:27:00 GMT

In November 2013, the Army began its Special Victim Counsel (SVC) Program with this promise to those in the Army and their family members: if they report being sexually assaulted and request an SVC, they will have a qualified, professional counsel who will help them preserve their rights and who will advocate on their behalf. This commitment was part of a new paradigm in victim advocacy that has no precedent or comparable institutional initiative anywhere in the civilian sector.

No. 5: Innovation Acquisition Practices in the Age of AI

Tue, 25 Jun 2024 19:56:00 GMT

Upon his confirmation as the Assistant Secretary of the Air Force (Acquisition, Technology & Logistics), Dr. Will Roper issued a memorandum to the acquisition workforce, proclaiming, “artificial intelligence (AI) will revolutionize warfare.”1 He stressed the importance of networking, data, and software in pioneering a new warfighting domain.2

Closing Argument: One Army, One Standard

Tue, 25 Jun 2024 19:43:00 GMT

The new Army Combat Fitness Test (ACFT) is a seismic change to the way we measure fitness and readiness in the Army. It’s comprised of six events that must be completed within fifty minutes, culminating with the infamous, but steadfast, two mile run. It would be an understatement to say that the new test is merely difficult—it is a game changer.