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Army Lawyer, Issue 1 2019 U.S. Army Judge Advocate General’s Corps Issue 1 2019 31 Worldwide Wrap Up 42 SVC Program at 5 Years 64 Professionalization of Online Conduct 74 Acquisition in the Age of AI Lieutenant Colonel Carol Brewer, a special victim prosecutor, speaks during a class she led last fall at Fort Belvoir. (Credit: Chris Tyree) Table of Contents Editorial Board Issue 1 2019 Captain Meghan Mahaney Departments 38 Back to the Future Editor, The Army Lawyer Transforming the Rule Court is Assembled of Law to Compete Lieutenant Colonel Megan Wakefield By Major Todd M. Chard Strategic Initiatives Officer, OTJAG 2 The Future JAG Corps By Brigadier General R. Patrick Huston Major Samuel Gabremariam 40 Four Pillars of a Successful Strategic Initiatives Officer, OTJAG JAGC Career 4 News & Notes Remarks by Major General Kenneth D. Mr. Frederic L. Borch III Gray, U.S. Army Retired Regimental Historian Lore of the Corps Captain Nicole Ulrich 7 The German Job No.2 Editor, The Military Law Review Theft of Hesse Jewels Led to High Profile Courts-Martial 42 The Special Victim Counsel Major Jess B. Roberts, Director By Fred L. Borch Program at Five Years Professional Communications Program, TJAGLCS An Overview of Its Origins and Development Lieutenant Colonel Michael P. Harry In Memoriam By Colonel Louis P. Yob Vice Chair, ADA, TJAGLCS 10 Remembering Recently Lieutenant Colonel Edward C. Linneweber Departed Judge Advocates No.3 Chair, ADA, TJAGLCS By Fred L. Borch 48 Find Your Yoda Ten Rules for Being a Rock- Mr. Marco Marchegiani WRITECOM Art Director, GPO Star Operational Attorney By Brigadier General (Retired) Rich Gross 18 #thinkbeforeyoupost Mr. Sean P. Lyons By Major Laura O’Donnell Editor No.4 The Army Lawyer (ISSN 0364-1287, USPS 490-330) is Practice Notes published six times a year by The Judge Advocate General’s 64 Reforming The Army’s Legal Center and School, Charlottesville, Virginia, for the 21 Handling FOIA Requests Online Conduct Policies An Opportunity for Leadership official use of Army lawyers in the performance of their legal Related to Courts-Martial responsibilities. By Major Collin P. Evans By Doctor Colette Langos, Ph.D. The opinions expressed by the authors in the articles do not necessarily reflect the view of the Department of Defense, No.5 the Department of the Army, The Judge Advocate General’s 29 U.S. Tax Reform Corps (JAGC), The Judge Advocate General’s Legal Center and Considerations for Service Members School, or any other governmental or non-governmental By Adam G. Province & Samuel Kan, CFP 74 Innovation Acquisition agency. Masculine or feminine pronouns appearing in this Practices in the Age of AI pamphlet refer to both genders unless the context indicates By Major Andrew S. Bowne, USAF another use. The Editorial Board evaluates all material submitted for Closing Argument publication, the decisions of which are subject to final Features approval by the Dean, The Judge Advocate General’s School, 80 One Army, One Standard U.S. Army. No.1 Worldwide Wrap Up The New Fitness Test Should Unless expressly noted in an article, all articles are works Have a Single Scoring System of the U.S. Government in which no copyright subsists. 32 Lethal Autonomous By Major Sam Gabremariam Where copyright is indicated in an article, all further rights Weapon Systems are reserved to the article’ s author. No compensation can be An Overview paid for articles. By Major Richard J. Sleesman and The Army Lawyer may make necessary revisions or dele- CAPT Todd C. Huntley tions without prior permission of the author. An author is responsible for the accuracy of the author’s work, including citations and footnotes. 36 Judge Advocates Need to Provide The Army Lawyerarticles ar e indexed in the Index to Legal Stability to Changing Army Periodicals, the Current Law Index, the Legal Resources Index, By Major Janae M. Lepir 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: CPT Jessika Newsome serves as a Government Appellate Attorney at the U.S. Army Legal Services Agency at Fort Belvoir, Virginia. Corps leaders from around the globe, repre- senting all Army components. For the past year, The Judge Advo- cate General has challenged all of us to “Be Ready.” At the 2018 Worldwide CLE, we unpacked that challenge and took a deep look at what attorneys and the JAG Corps may face in the future. The discus- sions ranged from the new Army Futures Command to future weapons—including autonomous weapons—to the practice of law in the future. The doctrinal frame- work of AirLand Battle is being replaced by Multi-Domain Operations, and while counter terrorism operations will continue in the near future, we must prepare for direct conflict with peer and near-peer adversaries. As our Army moves into this new era, commanders will rely upon judge advocates not only for their advice and counsel, but for help defining and setting the parameters for this transition. WWCLE speakers challenged us to think deeply about the application of the law to an entirely new set of challenges such as multi-domain operations, autono- mous weapons, and artificial intelligence. The Undersecretary of the Army, Honor- able Ryan D. McCarthy, discussed the new Army Futures Command and the need to modernize our Army, enhance the lethality and effectiveness of our Soldiers, and rap- idly provide capabilities to the force when needed. Lieutenant General Eric Wesley, Director, Army Capabilities Integration Center, cautioned that in future combat BG R. Patrick Huston with a peer competitor we will likely face degraded communications, making our ability to advise the warfighter uniquely challenging. Further, the advent of in- Court is Assembled creasingly long-range weapon systems and significant “standoff,” or enemy controlled space, will prevent us from staging for con- flict in the manner we’ve been accustomed to for years. This standoff will limit our The Future JAG Corps ability to stage out of large forward operat- ing bases, challenging the supply chain from the moment we enter the conflict. By Brigadier General R. Patrick Huston In addition, Mr. Richard Kidd, Deputy Assistant Secretary of the Army for Strate- gic Integration, pushed us to consider the implications of the persistent information This issue of The Army Lawyer recalls Legal Education (WWCLE) event at our confrontation and cyberattacks on our in- a few important lessons learned at the regimental home in Charlottesville. This stallations. He also challenged us to be ready September 2018 Worldwide Continuing year’s event brought together senior JAG to provide advice on the legal and policy 2 Army Lawyer • Court is Assembled • Issue 1 2019 (Credit: iStock.com/K_E_N) decisions required to respond to these Multi-Domain Operations of the future lead the Army’s response to these unique threats. Mr. Paul Scharre, an author and require us to assess our capabilities, adapt and nuanced issues. It is incumbent upon expert in autonomous weapons, delivered to new technologies, and apply the law to a us as legal professionals to apply the law an insightful presentation on artificial intel- rapidly changing problem set. We will need to these new challenges in innovative ligence and posed the following questions to review our legal framework to prepare and principled ways, ensuring our com- we all must consider as artificial intelligence for conflict in urban areas with millions manders have the right counsel to make becomes weaponized: Are autonomous of civilians. As enhancements in artificial informed decisions about our evolving weapons illegal? Are they immoral? How intelligence make the use of autonomous threat environment. TAL does the law of armed conflict (LOAC) weapons on the battlefield commonplace, apply to their implementation? judge advocates must be positioned to ad- BG R. Patrick Huston is the Commanding Finally, many speakers stressed the vise coders and developers to ensure LOAC General of The Judge Advocate General’s Legal increased importance of joint and multi-na- principles are built into emerging technol- Center and School. tional operations to effectively combat the ogy. Finally, as we modernize and revamp wide array of cyber operations, information our contracting principles, judge advocates confrontations, and other acts that may must adapt the legal framework to support fall short of traditional armed conflict. As rapid procurement in the information age. our potential adversaries continue to push To you, the legal professionals of the international legal boundaries, we must Army’s law firm, the challenges of our analyze LOAC principles to determine future are yours. As Abraham Lincoln when and how LOAC should be applied to said, “The best way to predict your future both defensive and offensive measures in is to create it.” Today we are in a unique cyberspace. position to create our future by preparing Ultimately, the message from the for rapid advances in technology, conflict, 2018 Worldwide CLE was clear: the and warfare, so that our Corps can help Issue 1 2019 • Court is Assembled • Army Lawyer 3 Paralegals conduct physical readiness training during Advanced Individual Training at Fort Lee in Petersburg, Virginia. (Credit: SFC Bryan Ortiz) On 18 September 2018, a group of JAG Corps noncommissioned officers (NCOs) executed a demonstration of the ACFT for over 250 senior judge advocates attending the Worldwide CLE at The Judge Advo- cate General’s Legal Center and School in Charlottesville, Virginia. When it comes to the difficulty of the events, “you are absolutely going to feel it,” LTG Charles N.
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