U.S. Army Judge Advocate General’s Corps Issue 2 • 2019 Army Lawyer • Issue 2 • 2019 36 Mission Authority and the Niger Ambush 42 Holistic Information Warfare Strategy 48 Security Cooperation Offices 64 Strengthening the NSL Workforce A statute of Lady Justice sits near the entrance to the Noncommissioned Officers Academy offices at TJAGLCS. (Credit: Chris Tyree) Judge advocates in the graduate course wait for their next class to begin inside Decker Auditorium at TJAGLCS. (Credit: Chris Tyree) Table of Contents Editorial Board Issue 2 • 2019 Major Meghan Mahaney Departments Practice Notes Editor, The Army Lawyer 26 The Enigmatic Adjudicator Lieutenant Colonel Megan Wakefield TJAG Sends A Brief Primer on the Strategic Initiatives Officer, OTJAG 2 Evolving with the Threat DoD CAF Process By Major Michael J. Lebowicz Major Samuel Gabremariam The Changing Nature of our Practice By Lieutenant General Charles N. Pede Strategic Initiatives Officer, OTJAG 29 Military Exchange Personnel Mr. Frederic L. Borch III Court is Assembled Balancing Interoperability Regimental Historian and Accountability 3 Leading from the Front Captain Nicole Ulrich By Brigadier General William B. Dyer III By Lieutenant Colonel Daniel R. Kicza Editor, The Military Law Review Lieutenant Colonel Jess B. Roberts, Director 5 News & Notes 31 A JA’s Role at the National Geospatial-Intelligence Agency Professional Communications Program, TJAGLCS By Lieutenant Colonel Evah K. McGinley Lore of the Corps Lieutenant Colonel Michael P. Harry Vice Chair, ADA, TJAGLCS 7 The Hesse Jewels Courts-Martial 34 Reflections on Multi-National The Rest of the Story Interoperability from the IIHL Lieutenant Colonel Edward C. Linneweber By Mr. Fred L. Borch III By Major Phillip C. Maxwell Chair, ADA, TJAGLCS Colonel John Kiel WRITECOM Chair, ADC, TJAGLCS 13 Email ROE Features Lieutenant Colonel Alan Apple By Lieutenant Colonel Edward C. Chair, ADK, TJAGLCS Linneweber No. 1 Lieutenant Colonel Susan McConnell Career Note 36 Are We Allowed To Be There? Chair, ANN, TJAGLCS Understanding Mission 16 Executive Counsel Authority in the Context of Mr. Marco Marchegiani A Deputy Legal Advisor’s Art Director, GPO the Fatal Niger Ambush Work at the NSC By Major Anthony V. Lenze Mr. Sean P. Lyons By Colonel Peter R. Hayden Editor No. 2 The Army Lawyer (ISSN 0364-1287, USPS 490-330) is pub- Life Hack lished six times a year by The Judge Advocate General’s Legal 42 The Changing Face of Warfare Center and School, Charlottesville, Virginia, for the official use of 18 TRICARE: Another Developing a Holistic Army lawyers in the performance of their legal responsibilities. Reason to Stay Information Warfare Strategy By Major Jodie L. Grimm The opinions expressed by the authors in the articles do not By Major Henry “Wayne” Janoe necessarily reflect the view of the Department of Defense, the Department of the Army, The Judge Advocate General’s Corps (JAGC), The Judge Advocate General’s Legal Center and School, USALSA Notes No. 3 or any other governmental or non-governmental agency. Mas- culine or feminine pronouns appearing in this pamphlet refer 22 Readiness and the National 48 Fostering Enduring Partnerships to both genders unless the context indicates another use. Environmental Policy Act An Overview of Security By Mr. David B. Howlett The Editorial Board evaluates all material submitted for Cooperation Offices through publication, the decisions of which are subject to final the Lens of Iraq approval by the Dean, The Judge Advocate General’s School, By Captains Parent and Lorch, Major Baker, U.S. Army. 23 Identifying Two Acceptable Offerors in an LPTA Lieutenant Colonel Litka, and Colonels Unless expressly noted in an article, all articles are works of Santiago, Adolph, and Smoot the U.S. Government in which no copyright subsists. Where Procurement is Key copyright is indicated in an article, all further rights are reserved By Captain Jeremy D. Burkhart to the article’s author. No compensation can be paid for articles. No. 4 The Army Lawyer may make necessary revisions or dele- 25 Recouping Cleanup Costs with tions without prior permission of the author. An author is 64 Creativity and Diversity Affirmative Cost Recovery responsible for the accuracy of the author’s work, including By Major Josiah T. Griffin Strengthen the National citations and footnotes. Security Law Workforce The Army Lawyer articles are indexed in the Index to Legal By Mr. Alan W. Wehbé 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 Closing Argument Corps electronic reference library and can be accessed at https://tjaglcspublic.army.mil/tal. 70 Gimmie Five Articles may be cited as: [author’s name], [article title in Why The Foundation of italics], ARMY LAW., [date], at [first page of article], [pincite]. Five Actually Works By Mr. Bradley J. Huestis and Colonel Sean T. McGarry On the cover: Judge advocates stand near The Park at the University of Virginia after a morning PT run. (Credit: Chris Tyree) TJAG Sends Evolving with the Threat The Changing Nature of our Practice By Lieutenant General Charles N. Pede This edition of The Army Lawyer and information operations are a foun- international law” practice. This doesn’t is devoted to our National Security dational area of our practice. Alone and mean you’ll stop doing operational law at Law Practice. Members of the Regiment without Corps-wide attention and focus, the small unit level. It simply means “ops” is should take notice. The Army Lawyer is they remain niche practices. As we look part of a larger sight picture. not simply an excellent collection of eclectic to the future, however, relegating these At the higher echelons of our Army, writings on our practice of law. Foremost, important practice areas to the fringes is “National Security Law” more accurately it is designed to catalyze thought and focus untenable. We need the entire arena to be describes the strategic nature of our practice energies on premier lawyering in uniform. seen as a larger body of practice. covering traditional Jus ad Bellum and Jus in So the focus is deliberate, and the first What does this achieve? Integration Bello concepts, domestic operations, coali- message I want you to take away with this and synergy—from recruiting to talent man- tion interoperability, special or clandestine issue is focus: Focus on the purpose of this agement (which is more than assignment operations, cyber and intelligence law, and issue and the name change to our practice. decisions), to resourcing (how many billets the constitutional and international legal Understand it so you can own it and explain in what location), to curriculum (what and underpinnings of the practice. it, authoritatively. Message two is: “Become how often we teach). Ten years ago we had Emerging technologies (such as artifi- part of the effort.” Devote time to recognize the same challenge in military justice. If we cial intelligence), changing doctrine (such and understand what this issue is trying to needed an especially skilled litigator, we as Multi-Domain Operations), and new tell you. At a tactical level, think: “What “cold called” SJAs and asked if they had any threats (such as hypersonic weapon delivery does this mean to my practice day-to-day in especially skilled litigators. Ten years into systems) signaled a need to broaden the a plans or targeting cell? How do I engage the SVP program, we now have a known aperture of our practice area. In addition to at the Brigade S3 or the Division G2 staff population of accomplished trial attorneys capturing the true nature of our practice in more effectively?” as a direct result of the program. We will do this field, the name change serves to create Think “how do I improve my own, and the same thing with NSL—grow, train, edu- harmony with our interagency and aca- my team’s understanding of where, for ex- cate and assign in such a way as to leverage demic partners using a common language. ample, U.S. Policy ends and the Additional experience and grow the bench. Furthermore, the enhanced approach to the Protocols leap forward, or where an ICRC NSL is an umbrella term that incor- breadth of national security challenges will ‘interpretation of LOAC’ has gone beyond porates multiple practice areas. The choice bring synergy to our talent management. its moorings in International Agreement or to change was not a result of “keeping We are committed to building and sustain- State Practice?” up” with academics or playing to trends. ing experts in a manner that is persistent At the next level, you should ask Anyone who leads any organization knows and deliberate. yourself, “What is my Corps doing with this that words matter. Focus matters. And This is an evolution in the notion practice area and why is it important to me yes, actions matter more. That is why this given to me long ago by the inimitable then and my team—and future teams that I might isn’t fast food. It takes time and persistent Captain E.J. O’Brien that, “You don’t have lead—to understand?” effort—which is where you come in. to be sick to get better.” The first part of the answer is that The National Security Law Division of Keep getting after it. TAL we’ve renamed the practice of International the Office of the Judge Advocate General and Operational Law deliberately to convey and the National Security Law Department a larger strategic embrace of multiple prac- of The Judge Advocate General’s School tice areas in a constantly evolving arena. were renamed to reflect the broad expan- Cyber, intelligence, domestic operations, sion of the traditional “operational and 2 Army Lawyer • TJAG Sends • Issue 2 • 2019 (Credit: istockphoto.com/erhui1979) nature of our service, presents a subtle and significant danger to our ability to lead effectively.