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The Army Lawyer | Issue 4 2022View PDF

Practice Notes: A Modernizing Posse Comitatus Doctrine

Imagine that the head of an understaffed civilian law enforcement agency from the city just outside your active-duty installation approaches the garrison commander—whom you advise—and requests that the agency and the installation’s military police work together to fight crime in the local city. 

Practice Notes: The Software and Digital Technology Pilot Program

Virtually every aspect of the enterprise has a software dependent capability—our weapons, communications and resourcing. It would be hard to find a single, mission-essential function in any command, that doesn’t depend on software in some shape, form, or fashion. In short, software can be a critical enabler to increasing the lethality within warfighting formations, yet the vast majority of the processes and associated policy remains focused on the hardware of the enterprise.1

No. 1: Distinguishing Between Operational and Intelligence Activities

Intelligence gathering, or “spying,” is one of the oldest professions. In fact, the practice of intelligence has been a key component of U.S. military operations since the formation of the U.S. military. Recognized as a critical military strategy, George Washington spent more than 10 percent of his military operational funds on surveillance and intelligence.

No. 3: Multi-Domain Operations

The existential threat to the world order is arguably higher than it has been at any point since the end of the Cold War.1 Russia is conducting a drawn-out, unprovoked war against Ukraine and poses a bona fide threat to European economic stability.2

Closing Argument: The Judge Advocate’s Role in Empowering Innovation

As the Command Judge Advocate of the 1st Multi-Domain Task Force (1st MDTF), it has been my privilege to serve in a team focused on innovation. Since its inception, 1st MDTF has experimented with new capabilities, tactics, and procedures in an effort to better realize the full potential of multi-domain operations (MDO).