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The Armylawyer THE ARMY LAWYER Headquarters, Department of the Army January 2014 ARTICLES Bridging the Funding Gap: The Implementation of Fiscal Law and Policy to a Lapse in Appropriations Captain Matthew A. Freeman Supervising Paralegals in Accordance with the Rules of Professional Conduct Major Todd W. Simpson Soldier’s First Offense: Article 15 or Summary Court-Martial? Major Takashi Kagawa TJAGLCS FEATURES Lore of the Corps Tried by Military Commission and Hanged for Murder: United States v. Franz Strasser BOOK REVIEWS Primal Leadership: Unleashing the Power of Emotional Intelligence Reviewed by Major Daniel Mazzone CLE NEWS CURRENT MATERIALS OF INTEREST Department of the Army Pamphlet 27-50-488 Editor, Captain Marcia Reyes Steward Assistant Editor, Major Keirsten H. Kennedy Technical Editor, Charles J. Strong The Army Lawyer (ISSN 0364-1287, USPS 490-330) is published monthly Authors should revise their own writing before submitting it for by The Judge Advocate General’s Legal Center and School, Charlottesville, publication, to ensure both accuracy and readability. The style guidance in Virginia, for the official use of Army lawyers in the performance of their paragraph 1-36 of Army Regulation 25-50, Preparing and Managing legal responsibilities. Individual paid subscriptions to The Army Lawyer are Correspondence, is extremely helpful. Good writing for The Army Lawyer available for $45.00 each ($63.00 foreign) per year, periodical postage paid at is concise, organized, and right to the point. It favors short sentences over Charlottesville, Virginia, and additional mailing offices (see subscription form long and active voice over passive. The proper length of an article for The on the inside back cover). POSTMASTER: Send any address changes to The Army Lawyer is “long enough to get the information across to the reader, Judge Advocate General’s Legal Center and School, 600 Massie Road, and not one page longer.” ATTN: ALCS-ADA-P, Charlottesville, Virginia 22903-1781. The opinions expressed by the authors in the articles do not necessarily reflect the view of Other useful guidance may be found in Strunk and White, The Elements The Judge Advocate General or the Department of the Army. Masculine or of Style, and the Texas Law Review, Manual on Usage & Style. Authors feminine pronouns appearing in this pamphlet refer to both genders unless the should follow The Bluebook: A Uniform System of Citation (19th ed. 2010) context indicates another use. and the Military Citation Guide (TJAGLCS, 18th ed. 2013). No compensation can be paid for articles. The Editor and Assistant Editor thank the Adjunct Editors for their invaluable assistance. The Board of Adjunct Editors consists of highly The Army Lawyer articles are indexed in the Index to Legal Periodicals, qualified Reserve officers selected for their demonstrated academic excellence the Current Law Index, the Legal Resources Index, and the Index to U.S. and legal research and writing skills. Prospective candidates may send Government Periodicals. The Army Lawyer is also available in the Judge Microsoft Word versions of their resumes, detailing relevant experience, to Advocate General’s Corps electronic reference library and can be accessed the Technical Editor at [email protected]. on the World Wide Web by registered users at http:// www.jagcnet.army.mil/ArmyLawyer and at the Library of Congress The Editorial Board of The Army Lawyer includes the Chair, website at http://www.loc.gov/rr/frd/MilitaryLaw/Army_Lawyer.html. Administrative and Civil Law Department; and the Director, Professional Communications Program. The Editorial Board evaluates all material Address changes for official channels distribution: Provide changes to submitted for publication, the decisions of which are subject to final approval the Editor, The Army Lawyer, The Judge Advocate General’s Legal Center by the Dean, The Judge Advocate General’s School, U.S. Army. and School, 600 Massie Road, ATTN: ALCS-ADA-P, Charlottesville, Virginia 22903-1781, telephone 1-800-552-3978 (press 1 and extension The Army Lawyer accepts articles that are useful and informative to Army 3396) or electronic mail to usarmy.pentagon.hqda-tjaglcs.list.tjaglcs-tech- lawyers. This includes any subset of Army lawyers, from new legal assistance editor. attorneys to staff judge advocates and military judges. The Army Lawyer strives to cover topics that come up recurrently and are of interest to the Army Articles may be cited as: [author’s name], [article title], ARMY LAW., JAG Corps. Prospective authors should search recent issues of The Army [date], at [first page of article], [pincite]. Lawyer to see if their topics have been covered recently. Lore of the Corps Tried by Military Commission and Hanged for Murder: United States v. Franz Strasser ..................1 Articles Bridging the Funding Gap: The Implementation of Fiscal Law and Policy to a Lapse in Appropriations Captain Matthew A. Freeman .................................................................................................................4 Supervising Paralegals in Accordance with the Rules of Professional Conduct Major Todd W. Simpson ........................................................................................................................24 Soldier’s First Offense: Article 15 or Summary Court-Martial Major Takashi Kagawa..........................................................................................................................33 Book Reviews Primal Leadership: Unleashing the Power of Emotional Intelligence Reviewed by Major Daniel Mazzone ....................................................................................................37 CLE News ................................................................................................................................................................ 42 Current Materials of Interest ............................................................................................................................. 47 Individual Paid Subscriptions to The Army Lawyer ................................................................ Inside Back Cover JANUARY 2014 • THE ARMY LAWYER • DA PAM 27-50-488 Lore of the Corps Tried by Military Commission and Hanged for Murder: United States v. Franz Strasser* Fred L. Borch Regimental Historian and Archivist In mid-December 1945, a Signal Corps photographer allowing him to take refuge in the truck cab, Strasser stamped the following caption on the reverse of a threatened to kill the driver if he continued to interfere.4 photograph he had taken a few days earlier: “10 Dec 45, 3rd Army. Big Finale—The body of Former Nazi Official Franz Strasser then shot this second American and, when the Strasser, accused of killing two American Fliers forced American was prostrate on the ground, “raked the airman down in Germany, swings and twitches at the end of the from head to foot with his machine pistol.”5 As for the other gallows rope.”1 What follows is the story of forty-six-year- three airmen? They were shot and killed by Captain old Franz Strasser, whose misconduct in December 1944 Lindemeyer. resulted in his prosecution by a military commission, a conviction for murder, and death at the end of a rope. On 24 August 1945, Franz Strasser was tried by a military commission sitting in Dachau, Germany.6 He was On the afternoon of 9 December 1944, an American charged as follows: bomber made a forced landing near Zahdelesdorg, Czechoslovakia. The pilot, co-pilot, and three crew Charge I: Violation of the Laws and members voluntarily surrendered to the local authorities and Usages of War. “were loaded into a truck for the ostensible purpose of transporting them to Kaplitz,” Czechoslovakia.2 Two Specification: In that on or about 9 automobiles accompanied the truck: one contained Nazi December 1944, FRANZ STRASSER, Party official Franz Strasser, the Kreisleiter of Kreis Kreisleiter of Kreis Kaplitz, an Austrian Kaplitz,3 and the other car contained Captain Lindemeyer, National, did at or near Kaplitz, the Kaplitz chief of police. Czechoslovakia, wrongfully and unlawfully kill an American airman, When the convoy got to the top of a hill on the road to whose name, rank and serial number are Kaplitz, Strasser, who was in the lead vehicle, stopped his unknown, by shooting him with a machine car. The truck containing the unarmed American fliers also pistol. stopped. Strasser then walked back to the truck and shot and killed one airman with his machine pistol. When the driver Charge II: Violation of the Laws and of the truck tried to protect a second American airman by Usages of War. Specification: In that on or about 9 December 1944, FRANZ STRASSER, * The author thanks Lieutenant Colonel (LTC) Virginia Griffin Beakes, Kreisleiter of Kreis Kaplitz, an Austrian Judge Advocate, U.S. Army Reserve, for alerting him to the existence of the Strasser photographs, and Lieutenant General (Retired) Thomas N. Griffin, National, did at or near Kaplitz, Jr., U.S. Army, for allowing him to borrow them for this article. General Czechoslovakia, wrongfully and Griffin’s father, then LTC Thomas N. Griffin, was the 3d Army Provost unlawfully shoot an American airman, Marshal who supervised the execution of Franz Strasser. whose name, rank and serial number are 7 1 3242 Signal Photo Co., Signal Corps photograph no. 00842-HQ-A9-10 unknown. Dec 45-3rd Army (Herod) (Regimental Historian’s files, The Judge Advocate General’s Legal Center and School). At trial, Strasser pleaded not guilty. He did
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