U.S. Army Judge Advocate General’s Corps Issue 3 • 2019 McPherson’s Army Lawyer Interview 60 From Legal Clerks to Paralegal Specialists 10 Securing Soldiers from State Prisoners 49 The Army’s Trial Judiciary at Fifty 76 Students take a break in the atrium of The Judge Advocate General’s Legal Center and School. (Credit: Chris Tyree) Table of Contents Editorial Board Issue 3 • 2019 Major Meghan Mahaney Departments 49 A Writ of Habeas Corpus Editor, The Army Lawyer Ad Prosequendum Lieutenant Colonel Megan Wakefield Court is Assembled Federal Authority to Secure Strategic Initiatives Officer, OTJAG Soldiers Who Are State 2 Lawyers of Record By Lieutenant General Charles N. Pede Prisoners at Court-Martial Major Samuel Gabremariam Captain Patrick S. Wood Strategic Initiatives Officer, OTJAG Career Notes Mr. Frederic L. Borch III 54 We Didn’t Start the Fire Regimental Historian 3 Taking AIM2 A Primer on Mutual Aid Agreements New Interactive Assignment for Fire Suppression Services Captain Nicole Ulrich Module Makes Officer Management By Lieutenant Colonel William (Bill) M. Editor, The Military Law Review Process More Efficient Stephens and Major Faith R. Coutier By Lieutenant Colonel Katherine K. Stich Lieutenant Colonel Jess B. Roberts, Director Professional Communications Program, TJAGLCS 4 Why They Stay Lieutenant Colonel Michael P. Harry By Colonel Fansu Ku Features Vice Chair, ADA, TJAGLCS No. 1 Lieutenant Colonel Edward C. Linneweber 8 News & Notes Chair, ADA, TJAGLCS 60 From MP to Under Secretary Lore of the Corps An Interview with James E. CW2 Matthew Casey McPherson, the Newly Named Strategic Initiatives Officer, OTJAG 10 From Legal Clerks to Under Secretary of the Army Mr. Marco Marchegiani Paralegal Specialists By Sean P. Lyons Art Director, GPO A Short History of Enlisted Soldiers in the Corps Mr. Sean P. Lyons By Mr. Fred L. Borch No. 2 Editor 66 Welcome to the Wild West A Guide to Arming in The Army Lawyer (ISSN 0364-1287, USPS 490-330) is pub- 20 The Beast of Lichfield lished six times a year by The Judge Advocate General’s Legal Colonel James A. Kilian and the Stand-Alone Facilities Center and School, Charlottesville, Virginia, for the official use of Infamous 10th Reinforcement Depot By Major Julie A. Worthington Army lawyers in the performance of their legal responsibilities. By First Lieutenant Antonino C. Monea The opinions expressed by the authors in the articles do not necessarily reflect the view of the Department of Defense, the No. 3 Department of the Army, The Judge Advocate General’s Corps Life Hack (JAGC), The Judge Advocate General’s Legal Center and School, 76 Independent but Invested The Army’s Trial or any other governmental or non-governmental agency. Mas- 23 College for Under $10K culine or feminine pronouns appearing in this pamphlet refer A Guide to Using the Post-9/11 Judiciary Turns Fifty to both genders unless the context indicates another use. GI Bill for Your Kids’ Tuition By Colonel Timothy P. Hayes Jr. and The Editorial Board evaluates all material submitted for By Major Kyle V. Burgamy Lieutenant Colonel Christopher E. Martin publication, the decisions of which are subject to final approval by the Dean, The Judge Advocate General’s School, U.S. Army. Practice Notes No. 4 Unless expressly noted in an article, all articles are works of 80 Leading an OSJA Team the U.S. Government in which no copyright subsists. Where 27 Recent Changes to the By Colonel William R. Martin copyright is indicated in an article, all further rights are reserved Anti-Deficiency Act to the article’ s author. No compensation can be paid for articles. What Do They Mean? The Army Lawyer may make necessary revisions or dele- By Major Matthew B. Firing Closing Argument tions without prior permission of the author. An author is responsible for the accuracy of the author’s work, including 87 Officers Should Vote citations and footnotes. 32 An Overview of the Judgment Early and Often The Army Lawyer articles are indexed in the Index to Legal Fund and How Its Availability By Lieutenant Colonel Jess R. Rankin Periodicals, the Current Law Index, the Legal Resources Index, Can Impact Claim Settlements and the Index to U.S. Government Periodicals. The Army By Lieutenant Colonel (Retired) Timothy A. Lawyer is also available in the Judge Advocate General’s Furin Corps electronic reference library and can be accessed at https://tjaglcspublic.army.mil/tal. Articles may be cited as: [author’s name], [article title in 36 An Intelligence Law Primer italics], ARMY LAW., [date], at [first page of article], [pincite]. for the Second Machine Age By Major John C. Tramazzo On the cover: James E. McPherson, recently named acting Under Secretary of the Army, in his office at the Pentagon. (Credit: Aaron C. Sweet, United States Government 45 Government Communication Publishing Office) with Industry More Necessary Now Than Ever By Lieutenant Colonel Alan M. Apple feedback and, more importantly, by provid- ing us with excellent content, you have kept the lights on, so to speak, by telling your Court is Assembled stories and sharing your knowledge. As a new team takes the reins of the The Army Lawyer editorial board, and we say farewell to those who step off to new challenges, we will continue to improve The Army Lawyer Lawyers of Record and ensure it is a publication befitting the oldest and best law firm in the Nation. By Lieutenant General Charles N. Pede Major General Risch and I look for- ward to year two of The Army Lawyer and can’t wait to see your article grace its pages. We want you to be Lawyers of Record. Every day you may make progress. Every step may be fruitful. Yet there will stretch out before you Whether you publish in the Military Law an ever-lengthening, ever-ascending, ever-improving path. You know you will never get to the end Review, The Army Lawyer, Parameters, or of the journey. But this, so far from discouraging, only adds to the joy and glory of the climb. any number of possible venues, put your - Winston Churchill pen to paper and change the way someone thinks. Share your views on an important best practice at a warfighter exercise, or give And a glorious climb for The Army long standing discussions between MG your studied view of our military justice Lawyer it has been. Risch and me about bringing The Army practice. The opportunities are endless. And A little over a year ago, I sat in my office Lawyer back into print. with each opportunity you seize, you shape in the Pentagon, looking at my computer Major General Risch and I talked it our practice, you make another practitioner screen, reading an article in The Army over, and we engaged members of our Stra- better than before, and you become a Law- Lawyer. The article was great—well writ- tegic Initiatives Office and the talented team yer of Record, all while refining yet another ten, informative—everything you would of editors and professors at The Judge Ad- critical skill in your lawyer’s tool box. expect from the written work of a mem- vocate General’s Legal Center and School, Our hope for each of you in this ber of our Corps. However, something and we asked them to take The Army Lawyer extraordinary Corps is that you develop was missing—a certain intangible in the and transform it. We wanted to publish into the best Lawyer you can be—and every publication. I couldn’t quite put my finger a product that showcased the best of our good lawyer worth their salt has something on it, though. Then, as often happens, I was Corps by exploring what judge advocates, to offer the lawyer to their left and “write.” called to collaborate on a pressing issue, our Civilian lawyers, legal administrators, No doubt Churchill above served as closed the publication, and moved on with and paralegals do during the duty day— inspiration for our storied 10th Mountain the business of the day. from providing first-class legal assistance Division—with whose motto I close—Climb A few weeks later, we published that services to trying courts-martial to advising to Glory! year’s Quill & Sword. The Quill & Sword commanders on the battlefield—while also Be Ready . and Keep Writing! TAL included the usual information on assign- featuring who we are as a Corps. ments with the addition of some articles Change can be daunting, and it can written by judge advocates in the field. also be incredibly rewarding. As I write When Major General (MG) Risch and I this, our Army is in the midst of a Renais- received a hard copy, we immediately read sance—changes to warfighting doctrine, it; excited to see what other members of our formations, weapons, and systems, collec- Regiment were up to outside of the walls tively—from which will emerge a vastly of the Pentagon. We heard other people different Army. Just as our client changes, talking about it in the hallway—it seemed we must also change, and with that change people were excited for the Quill & Sword comes endless opportunity. It has not been in a way that we hoped they would be without great effort, however, to make this excited for The Army Lawyer. The Strategic particular change happen, and on behalf Initiatives team, then Lieutenant Colonel of all of the Senior Leaders in our Corps, Jeri Hanes and Major Laura Grace, had I want to thank the editorial board and all transformed the Quill & Sword into an ex- of those who have helped make the “new” ceptional hardcopy publication.