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Army Lawyer, July/August 2018 U.S. Army Judge Advocate General’s Corps July/August 2018 28 Game of Code 36 Hit the Ground Running 40 Think Before You Fire 46 The 300 Meter Target Table of Contents Editorial Board July/August 2018 1 Introduction 22 Practice Notes Lieutenant Colonel Jeri Hanes Introducing . The The Rule of Law Strategic Initiatives Officer, OTJAG NEW Army Lawyer Fifteen Years of Lessons By Lieutenant General Charles N. Pede By Lieutenant Commander Jeremy Snellen & Major Laura A. Grace Major Thomas B. Nachbar Strategic Initiatives Officer, OTJAG 50 Closing Arguments Mr. Frederic L. Borch III Departments Regimental Historian Tax Centers 4 News & Notes Keep ‘em or Cut ‘em? Major John Cody Barnes By Lieutenant Colonel Edward Linneweber Editor, The Army Lawyer & Major John Goodell 7 Court is Assembled Major Jack B. Cohen Principled Lawyering Editor, The Military Law Review By Lieutenant General Charles N. Pede Major John Goodell Features 9 Up Close Professor, ADA, TJAGLCS 28 No. 1 From Tiananmen Square Major Jess B. Roberts to The JAG Corps Game of Code Director, Professional Communications The Journey of First The Use of Force Against Political Program, TJAGLCS Lieutenant Huang Siegel Independence in the Cyber Age By Major Laura A. Grace By Major Christopher H. Kinslow Lieutenant Colonel Michael P. Harry Vice Chair, ADA, TJAGLCS 12 Lore of the Corps 36 No. 2 Lieutenant Colonel Edward C. Linneweber Hit the Ground Running Chair, ADA, TJAGLCS “To Be Shot to Death Advising the First (and 1st) By Musketry” The Trial and Execution of Security Force Assistance Brigade Mr. Sean P. Lyons By Major Eric Trudell Editor General Anton Dostler By Frederic L. Borch III Mr. Marco Marchegiani 40 No. 3 Art Director, U.S. Government Publishing Office 16 WRITECOM Think Before You Fire Dispelling the Myths and Re- Writing Battle Drills The Army Lawyer (ISSN 0364-1287, USPS 490-330) is By Major Jess B. Roberts evaluating a Supervisor’s Need to published monthly by The Judge Advocate General’s Legal Terminate Civilian Employment Center and School, Charlottesville, Virginia, for the official use of Army lawyers in the performance of their legal By Major Mary E. Jones responsibilities. 20 Life Hack The opinions expressed by the authors in the articles do not Buy or Rent 46 No. 4 necessarily reflect the view of the Department of Defense, Revisiting the American Dream the Department of the Army, The Judge Advocate General’s By Major John Goodell The 300 Meter Target Corps (JAGC), The Judge Advocate General’s Legal Center and Army Futures Command, School, or any other governmental or non-governmental agency. Masculine or feminine pronouns appearing in this The Judge Advocate View pamphlet refer to both genders unless the context indicates By Major Robert Meek and Lieutenant another use. Colonel Jeff Dietz The Editorial Board evaluates all material submitted for publication, the decisions of which are subject to final approval by the Dean, The Judge Advocate General’s School, U.S. Army. Unless expressly noted in an article, all articles are works of the U.S. Government in which no copyright subsists. Where copyright is indicated in an article, all further rights are reserved to the article’ s author. No compensation can be paid for articles. The Army Lawyer may make necessary revisions or deletions without prior permission of the author. An author is responsible for the accuracy of the author’s work, including citations and footnotes. The Army Lawyer articles are indexed in the Index to Legal Periodicals, the Current Law Index, the Legal Resources Index, and the Index to U.S. Government Periodicals. The Army Lawyer is also available in the Judge Advocate General’s Corps electronic reference library and can be accessed at https://tjaglcspublic. army.mil/tjaglcs-publications Articles may be cited as: [author’s name], [article title in italics], ARMY LAW., [date], at [first page of article], [pincite]. On the cover: First Lieutenant Daniel Tully of the 91st Legal Operations Detachment holds the Officer Basic Course’ s Jeri Lane D’Aurelio, now a captain, swings easily across bars during her Direct Commission Course training guidon during morning PT in Charlottesville (Credit: Chris Tyree). at Ft. Benning, Georgia (Credit Dan Torok). Introducing . The NEW Army Lawyer tried before and after the effective date of and learn about the achievements of fellow the Military Justice Act of 1968; a listing of members of our team. certain personnel actions, including recent As it was in August 1971, this new retirements and promotions; and even edition of TAL will consolidate some of our advice on telephone etiquette! Yes, sound other publications, including the Quill & advice cautioned against such responses Sword. Similarly, what rang true in the past as “hasn’t he returned your call, yet? I gave rings true today: this “is your publication.” him the message last week.” So please send your ideas, achievements, The August 1971 TAL sought to “con- photos, and articles to the editor at usarmy. solidate other publications into a single, pentagon.hqda-tjaglcs.list.tjaglcs-mlr-edi- convenient source,” eliminating updates [email protected]. such as the PP&TO Newsletter. The August To every judge advocate, legal ad- 1971 TAL also solicited the Corps to em- ministrator, paralegal, and JAGC civilian, brace their Regiment’s new law journal and on behalf of MG Risch, RCSM Martinez, contribute to it by sending in practice notes Mr. Steddum, Mr. Shea, and the entire and articles. JAGC leadership team, we hope that this Finally, TAL published in August 1971, hard copy publication finds its way into along with the approximately 530 subse- your inbox, your office waiting rooms, (Courtesy: University of Virginia). quent monthly editions, were distributed in gathering areas, metro bus commute bags, hard copy format to every active duty judge night stands, kitchen counters, and coffee Don’t throw the past away advocate. Every month a copy would magi- tables. We hope that you will earmark your You might need it some rainy day cally land in the attorney’s inbox—wherever favorite articles, congratulate a friend who Dreams can come true again you might be in the world. published her first article or practice note When everything old is new again In June 2015, this ritual ended. Like in TAL or perhaps that old friend who is —Everything Old is New Again, Peter Allen many periodicals, TAL converted to a digital retiring after twenty years of service. only publication and has remained so since We hope that you enjoy the new TAL, It was August 1971 when our Corps that date. and the editions that follow. We all owe a published the very first edition of The Just as in August 1971, this July/ debt of gratitude to the visionary editorial Army Lawyer (TAL). It promised to “pro- August 2018 edition of TAL—and all that staff of the LCS—for this “new” old legal vide practical, how-to-do-it information . follow—will be available in hard copy for journal—and for making each of us more publish comments on recent developments everyone. This new hard copy version is “READY” for the next fight. in the law and provide a forum for short ar- a glossy, full color magazine full of prac- ticles from the field . [and] carry news of tical advice, news about our Corps, and Be Ready, subjects of current general interest” to the interesting practice notes. Did you recently The Judge Advocate General Judge Advocate General’s Corps (JAGC). complete a PCS? Check out the Life Hack Its ambitious twenty-nine pages included department—“Buy or Rent?” Interested in information on the newly appointed Judge the Army’s new Security Force Assistance Advocate General and Assistant Judge Brigades (SFAB)? Flip to the article written Advocate General, Major General (MG) by our first SFAB Brigade Judge Advocate, George Prugh and MG Harold E. Parker; a MAJ Eric Trudell. Taking over your first report on a pilot legal assistance program supervisory position? Read MAJ Mary conducted at Fort Monmouth and Fort Dix, Jones’ piece on managing civilian personnel. New Jersey; a trial judiciary note comparing And don’t forget to read the Corps News certain information on court-martial cases July/August 2018 • Army Lawyer 1 AROUND THE CORPS Judge advocate MAJ Courtney Cohen issues commands to paratroopers in her role as jumpmaster aboard a UH-60 Blackhawk helicopter during Law Day at Fort Bragg, North Carolina last year. Her husband, MAJ Jack Cohen, also a judge advocate, is pictured in the foreground left (Credit: Sergeant First Class Alexander A. Burnett, 82nd Airborne Division PAO). MSG Daarius Jackson; SGT Desmond H. Bradley jr, (JB Elmendorf-Richardson, AK) (Distinguished Leader Award); SGT Abreante Hill, (Fort Hood, TX) (Distinguished Honor Graduate); SGT Elizabeth M. Koss (Fort Bragg, NC) (Distinguished Honor Graduate); SGT Joshua W. Mcconnell, (SVPN at Grafenwoehr, Germany) (Distinguished Leader Award); 1SG Christopher Champion. SGTs Devetra Bland and Ana Hairston, cadre of 27D Advanced Individual Training (AIT), graduated Drill Sergeant School in April 2018. SGT Joshua J. Clark, Wiesbaden, Ger- many, graduated from the 55th Basic Court Reporter Course as the Distinguished Hon- or Graduate, achieving an overall academic average of 98.53 percent. SGT Ashanti B. Wallace, Fort Shafter, Hawaii, graduated from the course as the Honor Graduate, achieving an overall academic average of 98.33 percent. MSG Daarius Jackson and SGT Des- mond H. Bradley Jr., both from Joint Base Elmendorf-Richardon, Alaska, and SGT Joshua W. McConnell, Grafenwoehr, Germany, received the Distinguished Lead- News & Notes er Award from their Advanced Leadership Course. SGT Abreante Hill Fort Hood, CPT Marc C. Beaudoin was named the Brown. CPT John R. Lystash received Texas, and SGT Elizabeth M.
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