The Quill & Sword

In this episode, we review the discovery and disclosure rules under R.C.M. 701 and R.C.M. 703, highlighting the tension between a victim's Fourth Amendment privacy rights in digital evidence and the accused's statutory right to discovery. We examine whether the military judge erred in denying defense access to a complete forensic data extraction of the victim's cell phone when the government held...

In this episode, we analyze the overhaul of FAR Part 17, highlighting key additions such as the explicit codification of reverse auctions and the removal of the default five-year ceiling on option periods. We also discuss structural streamlining across the subparts, the relocation of procedural best practices to the non-regulatory FAR Companion, and the broader policy shift toward judgment-based p...

In this episode, we explore the major shift in FAR Part 16 from a restrictive to a permissive regulatory philosophy, as well as the new agency justification requirements for non-fixed-price contracts introduced under Executive Order. We also break down key structural reorganizations across the subparts and highlight new acquisition flexibilities, including establishing BPAs under IDIQ contracts an...

In this episode, we unpack the massive revamp of FAR Part 13, which completely strips out commercial clutter to focus strictly on simplified procedures for non-commercial acquisitions. We discuss operational updates for contracting officers, including the migration of payment clauses to Part 32, the transition to a dynamic online list of inapplicable laws, and the strict new legal distinction betw...

In this episode, we examine FAR Part 9, explaining how major sections—including pre-award surveys and contractor team arrangements—have been removed from codified regulation and relocated to the non-regulatory FAR Companion Guide. We also detail core retained statutory standards updated for plain language, along with critical new administrative rules that make non-compliance a direct trigger for s...

In this episode, we review the residual hearsay exception under M.R.E. 807 and the Sixth Amendment right to present a complete defense under Chambers v. Mississippi. We examine whether the military judge arbitrarily excluded a third party's recorded confession and apology letter to the victim's parents, and whether admitting that evidence for impeachment alone infringed a weighty interest of the a...

In this episode, we review the hearsay exception for prior consistent statements under M.R.E. 801(d)(1)(B) and the Frost and Finch factors that govern each subsection. We examine whether a victim's statements to law enforcement were admissible to rehabilitate credibility attacked on the “other ground” of faulty memory in Ruiz, and of inconsistency in Brown, along with CAAF's clarification of Ayala...

In this episode, we break down the mandatory priority ladder for federal procurement, guiding contracting professionals through the essential "rules of the road" for sourcing supplies and services. They also highlight crucial updates on using the Spend Under Management tiers, the relocation of Federal Supply Schedule procedures to the GSAM, and the streamlined three-day explanation process for uns...

In this episode, we unpack two proposed rules from the Small Business Administration (SBA) that could qualify companies with up to half a billion dollars in annual revenue as small businesses. The hosting team breaks down the five major proposed shifts—including massive NAICS code consolidation, a preference for headcount-based standards, and the "hold harmless" policy—detailing exactly how these...

In this episode, we dive into the Revolutionary FAR Overhaul (RFO) to explain how FAR Part 8 has been completely restructured, consolidating three FAR parts into one and moving Federal Supply Schedule (FSS) ordering procedures out of the FAR and into the GSAM. We detail essential shifts for acquisition professionals, including the new required-use contract hierarchy, defense-specific deviations, a...

In this episode, we examine the transition from prescriptive checklists to a dynamic acquisition planning process that moves procedural "how-tos" into the non-regulatory FAR Companion Guide. The discussion highlights the unification of consolidation and bundling into a single framework, alongside new transparency requirements designed to protect small business incumbents. Learn more about The Quil...

In this episode, we review the CAAF's ruling that a defense counsel's statement of “no motions” at arraignment constituted an affirmative, express waiver of a multiplicity challenge to duplicative Article 128b domestic violence specifications. We examine the tension between waiver and forfeiture, the majority's reliance on the absence of an ineffective assistance of counsel claim, and the dissent'...

In this episode, we explore the historical roots of sealed bidding and its modern transformation under the Revolutionary FAR Overhaul (RFO), which reorganizes FAR Part 14 into a more accessible, lifecycle-based structure,. The discussion highlights the transition of non-regulatory best practices to the new FAR Companion, the removal of outdated procedures like facsimile bids, and the consolidation...

In this episode, we review whether a suspect's statement, “I would like to speak to a lawyer, but um, yeah,” was an unequivocal invocation of the right to counsel under Article 31, UCMJ principles. We examine how the Court of Appeals for the Armed Forces applied Edwards v. Arizona and Davis v. United States, and how the majority and dissent split over whether the words “but um, yeah” were meaningl...

In the premiere episode of The Backbone, host 1SG Green brings together leaders from across the Judge Advocate General’s Corps for a special National Paralegal Appreciation Day discussion focused on the evolution of Army legal practice, professional development, and the future of the Army’s Paralegal. Joined by CSM Bostic, the 14th Regimental Command Sergeant Major of the U.S. Army Judge Advocate...

In this episode, we explore the Revolutionary FAR Overhaul (RFO) of Part 19, which reorganizes small business regulations into acquisition life cycle stages while moving non-regulatory best practices to the FAR Companion. The discussion highlights critical updates for practitioners, such as the mandatory Rule of Two at the master contract level and a new, efficient process for automatically releas...

In this episode, we review the interplay between unlawful command influence (UCI) and a plea agreement's waiver of all waivable motions. We examine whether a “waive all waivable motions” provision, confirmed through a judge's colloquy, forecloses appellate review of a UCI claim even when the accused later alleges his defense counsel misadvised him about its effect. We provide takeaways on the impo...

In this episode, we discuss navigating the Revolutionary FAR Overhaul (RFO) using updated tools on acquisition.gov, including practitioner albums for change summaries and the new FAR Companion. The panel outlines how to locate agency-specific supplements like the AFARS and DFARS, while providing strategies for researching primary sources such as National Defense Authorization Acts (NDAAs) and GAO...

In this episode, we review the notice requirements for an offense of conduct unbecoming an officer under Article 133.  We examine preemption rules and whether an accused has fair notice that kissing a junior enlisted trainee constitutes conduct unbecoming an officer.  We provide takeaways on drafting specifications and preserving issues for appeal. Learn more about The Quill & Sword series of podc...

In this episode, we explores the 75-year history of the Small Business Administration, tracing its origins from World War II defense advocacy to its modern role in managing government-wide contracting goals. The discussion also covers essential topics for practitioners, including the "Rule of Two," recent legal shifts in the 8(a) program, and upcoming acquisition reforms in the FY26 NDAA. Learn mo...

In this episode, we analyze the Revolutionary FAR Overhaul FAR Part 12, which streamlines commercial acquisitions by reorganizing the part into lifecycle-based subparts and cutting approximately 30% of associated provisions and clauses. The discussion explores key updates such as the inclusion of construction as a commercial service, a new emphasis on mandatory priority sources, and the shift from...

In this episode, we examine how the Revolutionary FAR Overhaul (RFO) replaces rigid market research checklists with professional judgment and modular acquisition strategies designed to reduce risk. The discussion highlights the shift toward outcome-based contracting and new DFARS requirements for documenting research efforts, such as analyzing capabilities and determining if tiered evaluations are...

In this episode, we analyze the comprehensive restructuring of DFARS Part 227, which organizes intellectual property into commercial and non-commercial "hemispheres" and introduces a new unified "super clause" for technical data and software. The episode also highlights critical substantive updates, including the extension of the validation timeline to six years and a new strategic emphasis on res...

In this episode, discuss the Department of War's transition from traditional, siloed acquisition systems to an agile, portfolio-centric model designed to keep pace with modern warfare. They explore the groundbreaking role of the Portfolio Acquisition Executive (PAE) established in the FY26 NDAA, which integrates requirements, budgeting, and execution into a single node to provide the speed and fle...

In this episode, we discuss the meaning of the term transaction under Rule for Courts-Martial 1002(d)(2)(B)(i). We review when sentences to confinement for multiple offenses should run concurrently or consecutively. We also address forfeiture and the plain error standard of review. Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequi...