Bad Idea Files: Video Evidence
Here is a cautionary tale that most military attorneys would say stands for several basic principles. First, don’t make statements to others about your wrongdoing. Second, don’t make up a lie about your wrongdoing. Third, you especially should not lie about your military service–especially claiming combat service that you do not have. Fourth, you should… Read More
Facts and Process
The law is definitely about facts. Clients know this and no lawyer would ever deny the same. However, it is just as much about process (and often more about process than facts). Clients often fail to recognize this, which is understandable considering their focus and emotional attachment to the facts. That’s where lawyers are valuable…. Read More
Navy FOIA Program
The Freedom of Information Act (FOIA) is a tool used by military lawyers frequently on behalf of their clients. During appeals, where discovery requests are limited or not allowed, it can be an invaluable tool when assisting with administrative actions, discharge upgrades, or other non-court-martial actions. Yet, even those requests can be imprecise and subject… Read More
The Fight Is Far From Over
If you thought the senate would give the latest round of changes to the UCMJ some time to take hold, you thought wrong. Over the next couple of months, a battle will be waged between those who support the changes proposed by Senator Claire McCaskill (former prosecutor and District Attorney) and Senator Kirsten Gillibrand (champion… Read More
Reserves as a Safety Net?
Staying on active duty is tougher now that it ever has been. With drawdowns in every branch, many who were once competitive for promotion and advancement are rethinking their career prospects. Luckily for many, Reserve and National Guard options expand whenever the active components contract. If you are facing release from active duty, be sure… Read More
Interesting Human Interest Article on Ft. Bragg Court-Martial
Today, I ran across an interesting human interest story on the court-martial of Brigadier General Sinclair at Ft. Bragg, NC. Taken at face value, it is an interesting look into the human side of the trial and the effect it has had on the parties involved. Military lawyers continue to watch this unfolding trial with… Read More
Assessing the Sides of a Sexual Assault Court-Martial
For a moment, let’s assess the teams that exist whenever someone in the military is prosecuted for sexual assault: For Prosecution and Conviction Prosecutor (Trial Counsel) Special Victim Prosecutor Paralegals and other legal assistants in the military justice shop. Investigators/Special Agents/Special Victim Investigators Special (Alleged) Victim Counsel Victim Advocates For the Defense Military Defense Counsel… Read More
Sexual Assault Reports Are Up, But What Does It Mean?
There are statistics, then there is how statistics are interpreted. The latter varies wildly depending on political persuasions. In practice, such debates in congress is of little use to military lawyers who focus on courts-martial, as we just continue defending allegations one case at a time. However, we are always mindful of potential changes and… Read More
Legal Pot is Still Illegal
That headline is confusing, isn’t it? Here’s what I mean: 1. Some states are now legalizing recreational marijuana sale and use. 2. If you are in the military, you still need to avoid state-allowed pot sales because possession, importing it to a military installation, sale, and use are still a crime in the military. States… Read More