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officers detailed to the court are defense counsel, trial counsel (prosecutor), and military judge; special court-martial panel comprises three or more members, at least one-third of whom are enlisted if requested by an enlisted accused; accused service member may request a trial by judge alone in lieu of trial by a panel of members
Article II Section 2 of the Constitution designates the President as "Commander in Chief" of the Army, Navy and state militias. [2] The President exercises this supreme command authority through the civilian Secretary of Defense, who by federal law is the head of the department, has authority direction, and control over the Department of Defense, and is the principal assistant to the President ...
Congress's authority "To make Rules for the Government and Regulation of the land and naval Forces" is contained in the United States Constitution at Article I, Section 8. Until 1920, court-martial convictions were reviewed either by a commander in the field or by the president, depending on the severity of the sentence or the rank of the accused.
Prior to the late 1970s, the duty of defense counsel was just another assignment within the Office of the Staff Judge Advocate, much like the trial counsel (military prosecutor). To some, this created the appearance of a conflict of interest when two opposing counsel worked within the same office.
This position was established by Reorganization Plan No. 6 of 1953 and by Defense Directive 5145.1, signed 24 August 1953. The position derived its responsibilities from one of the original three Special Assistants to the Secretary (established in 1947) and the Assistant Secretary of Defense (Legal and Legislative Affairs) (established in 1949 ...
Criminal defendants sometimes employ an “advice of counsel” defense to try to demonstrate that they had not intended to break the law. Fact check: Trump’s misleading claim about the judge ...
Majors and lieutenant colonels may perform duties as a labor, procurement, or environmental law specialist at various area counsel offices. Lieutenant colonels may also serve as Staff Judge Advocates, Deputy Staff Judge Advocates, Regional Trial Counsel, Regional Defense Counsel, or Officers-in-Charge of an LSST.
Coast Guard attorneys act as legal counsel and enforcement guidance in key Coast Guard mission areas, including maritime homeland security, enforcement of laws and treaties, particularly drug trafficking laws, fisheries laws, customs laws, environmental laws, and immigration law, intelligence, search and rescue, icebreaker operations, intelligence law; national security and defense operations ...