The Quill & Sword

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 re...

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

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...

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), Li...

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:...

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 relea...

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....

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.ar...

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. 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 direct...

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...

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...

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...

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...

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), Li...

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, a...

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 vi...

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 hon...

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...