17 Apr 2024 - 11:36:45
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).
The Quill & Sword - The Judge Advocate General's Legal Center & School
"The Quill & Sword" show is the umbrella podcast in the series of podcasts created and hosted by The Judge Advocate General’s Legal Center and School. "The Quill & Sword" show contains all episodes from the "Criminal Law Department Presents," "Mentorship Matters" and "Fred Talks" shows, featured episodes from the "NSL Unscripted" show, and all prior episodes from the discontinued "Battlefield Next" show. Follow "The Quill & Sword" show on the top podcast platforms, or download and listen to individual episodes as listed below.
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11 Apr 2024 - 08:56:33
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).
20 Mar 2024 - 09:38:38
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).
08 Mar 2024 - 13:08:29
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).
22 Feb 2024 - 08:46:31
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)
07 Feb 2024 - 15:56:26
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)
24 Jan 2024 - 14:11:36
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)
20 Dec 2023 - 08:41:48
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.
13 Dec 2023 - 15:45:02
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 You can also connect directly with
the Criminal Law Department on Facebook (tjaglcs_crimlaw) or Instagram (tjaglcs_crimlaw)
29 Nov 2023 - 08:43:28
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)
22 Nov 2023 - 08:35:48
Mr. Fred Borch, TJAGLCS Regimental Historian, discusses the history of
the LLM Program at TJAGLCS.
15 Nov 2023 - 10:54:43
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
15 Nov 2023 - 09:54:40
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)
08 Nov 2023 - 08:20:12
Mr. Fred Borch, TJAGLCS Regimental Historian, discusses the history of
the Funded Law Education Program in the JAG Corps.
01 Nov 2023 - 13:23:03
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/
01 Nov 2023 - 08:53:20
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)
25 Oct 2023 - 10:11:07
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!
18 Oct 2023 - 09:34:09
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.
13 Oct 2023 - 08:31:46
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.
12 Oct 2023 - 10:39:41
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 You can also connect directly with the
Criminal Law Department on Facebook (tjaglcs_crimlaw) or Instagram (tjaglcs_crimlaw)
11 Oct 2023 - 15:09:08
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.
04 Oct 2023 - 09:14:56
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.
27 Sep 2023 - 10:23:31
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. 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)
15 Sep 2023 - 08:44:10
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. 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)
08 Sep 2023 - 10:12:14
An in depth discussion on International Humanitarian Law in regard to
current events with the Ukranian MOD, MAJ Inna Zavorotko.
05 Sep 2023 - 11:09:15
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.
30 Aug 2023 - 09:03:36
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. 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)
16 Aug 2023 - 09:11:32
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. 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)
11 Aug 2023 - 09:16:18
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.
07 Aug 2023 - 13:40:06
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/.
02 Aug 2023 - 13:23:02
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 You can also connect
directly with the Criminal Law Department on Facebook (tjaglcs_crimlaw)
or Instagram (tjaglcs_crimlaw)
20 Jul 2023 - 15:23:57
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 You
can also connect directly with the Criminal Law Department on Facebook
(tjaglcs_crimlaw) or Instagram (tjaglcs_crimlaw)
19 Jul 2023 - 11:11:03
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/
13 Jul 2023 - 12:34:44
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.
13 Jul 2023 - 12:32:11
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.
05 Jul 2023 - 11:55:45
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 You
can also connect directly with the Criminal Law Department on Facebook
(tjaglcs_crimlaw) or Instagram (tjaglcs_crimlaw)
21 Jun 2023 - 15:32:23
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)
07 Jun 2023 - 10:35:46
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. 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)
24 May 2023 - 09:04:31
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 You can also connect
directly with the Criminal Law Department on Facebook (tjaglcs_crimlaw)
or Instagram (tjaglcs_crimlaw)
22 May 2023 - 11:16:52
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)
19 May 2023 - 09:39:11
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.
15 May 2023 - 13:28:43
Judge advocates stayed “over there” well past the WWI armistice. What
were they doing? Find out on this episode of Fred Talks.
10 May 2023 - 09:50:22
In this case, we explore the sentence appropriateness power of the CCAs.
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)
05 May 2023 - 08:39:55
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).
26 Apr 2023 - 11:24:15
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.” 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)
18 Apr 2023 - 10:20:53
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.
17 Apr 2023 - 13:55:35
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.
12 Apr 2023 - 14:10:23
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. Connect with The
Judge Advocate General’s Legal Center and School on Face-book (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)
10 Apr 2023 - 10:16:58
CLAMO hosts COL Reese and MAJ Young from the Joint Multinational
Readiness Center to discuss commanders’ relationships with their judge
advocate and legal team.
10 Apr 2023 - 10:16:56
CLAMO hosts COL Reese and MAJ Young from the Joint Multinational
Readiness Center to discuss commanders’ relationships with their judge
advocate and legal team.
29 Mar 2023 - 08:29:50
This Art. 62 appeal reviews a military judge’s suppression of evidence
found on the accused’s phone. Connect with The Judge Advocate General’s
Legal Center and School on Face-book (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)
15 Mar 2023 - 08:41:25
This case is about remote live testimony of a child and the accused’s
right to confrontation. Connect with us on Facebook (tjaglcs_crimlaw)
or Instagram (tjaglcs_crimlaw)
10 Mar 2023 - 13:42:06
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.
07 Mar 2023 - 14:58:27
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. Connect with us on Facebook
(tjaglcs_crimlaw) or Instagram (tjaglcs_crimlaw)
06 Mar 2023 - 16:34:37
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.
06 Mar 2023 - 13:53:49
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.
06 Mar 2023 - 13:52:31
CLAMO speaks with Professors Jack Beard and Michelle Hanlon about the
current state of space law and resources judge advocates need to know about.
15 Feb 2023 - 09:21:40
This case is about whether attempted conspiracy is a viable offense
under the UCMJ. We also discuss the concept of waiver. Connect with
us on Facebook (tjaglcs_crimlaw) or Instagram (tjaglcs_crimlaw)
09 Feb 2023 - 15:52:11
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
03 Feb 2023 - 14:38:02
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.
02 Feb 2023 - 15:32:00
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.
01 Feb 2023 - 10:36:14
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.” Connect with us on Facebook (tjaglcs_crimlaw)
Connect with us on Instagram (tjaglcs_crimlaw)
19 Jan 2023 - 09:00:49
This case is about whether the appellant voluntarily gave his cell phone
pass-word to criminal investigators.
12 Jan 2023 - 16:22:27
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)
06 Jan 2023 - 15:41:43
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.
06 Jan 2023 - 14:39:03
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.
06 Jan 2023 - 14:34:39
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.
06 Jan 2023 - 14:25:43
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.
06 Jan 2023 - 14:21:30
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.
06 Jan 2023 - 14:19:26
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.
06 Jan 2023 - 14:16:23
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.
06 Jan 2023 - 14:07:15
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).
06 Jan 2023 - 14:02:43
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.
06 Jan 2023 - 14:01:11
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.
06 Jan 2023 - 13:59:41
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.
06 Jan 2023 - 13:54:58
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.
06 Jan 2023 - 13:51:19
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.
06 Jan 2023 - 13:48:24
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.
06 Jan 2023 - 13:46:20
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.
06 Jan 2023 - 13:40:04
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.
06 Jan 2023 - 13:38:32
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.
06 Jan 2023 - 13:37:03
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.
06 Jan 2023 - 13:35:15
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.
06 Jan 2023 - 13:33:31
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.
06 Jan 2023 - 13:32:03
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.
06 Jan 2023 - 13:29:36
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.
06 Jan 2023 - 13:28:01
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.
06 Jan 2023 - 13:23:47
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.
06 Jan 2023 - 13:21:17
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.
06 Jan 2023 - 13:18:59
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.
06 Jan 2023 - 13:08:09
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.
05 Jan 2023 - 20:11:57
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.
04 Jan 2023 - 08:51:30
This case analyzes the mandatory disclosure exception to the MRE 513 privilege.
21 Dec 2022 - 08:36:39
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.
20 Dec 2022 - 03:41:46
This case offers the first CAAF analysis of the (relatively) new Article
117a offense.
20 Dec 2022 - 02:41:46
This discussion focuses on the limits of the MRE 513 privilege.
20 Dec 2022 - 01:41:46
This case explores some of the limits on a victim’s unsworn statement
under RCM 1001A (now RCM 1001(c)).
15 Dec 2022 - 12:12:38
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
15 Dec 2022 - 12:12:37
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.
15 Dec 2022 - 12:12:35
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.
15 Dec 2022 - 12:12:34
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.