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JAG hive mind: Is anyone tracking any academic writing or other article on how we would do expeditionary Military Justice in an LSCO environment?
I was having a discussion with my chaplain about how we do our jobs in LSCO scenarios and it got me thinking. 1/
I was having a discussion with my chaplain about how we do our jobs in LSCO scenarios and it got me thinking. 1/
If we were to be in a true large scale conflict where multiple corps (and subordinate units) are engaging and advancing in a large theater (probably with some significant CEMA denial), how would we handle courts martial and UCMJ? 2/
I certainly don't see an Iraq-Afghanistan style process to send cases back CONUS if units are constantly moving forward/engaging and being reconstituted and higher echelons are conducting survivability moves and worrying about support area threats. 3/
I also foresee that many of these packets will be primarily on paper (I don't imagine MJO will work on my OLK-E) and that transmitting from SCMCA to SPCMCA to GCMCA will be a nightmare when transport priority will be supply, medical, and personnel. 4/
So how do we as a JAGC comply with our statutory mission and deliver swift justice while the formation around us engages in a fight that will take higher priority than any UCMJ action? 5/
If we assume that the next fight will be closer to WWII than to any other conflict since, how do we account for the UCMJ's proceedings that didn't exist back then? 2 million+ courts martial in WWII...the UCMJ was adopted after. TDS, SVCs, MJAs, SVPs...none of that existed. 6/
So now that we have created a system that's comfortable in garrison, how do we deploy it for LSCO? First and foremost, are we properly manned for it? 7/
How do we change our own mindset to be able to provide commanders their good order and discipline tools while moving and engaging?
We don't find these answers in doctrine. JP 1-04 makes barely passing mention of MJ practitioners in Joint Force Ops. 8/
We don't find these answers in doctrine. JP 1-04 makes barely passing mention of MJ practitioners in Joint Force Ops. 8/
For the Army side, FM 1-04 briefly discusses MJ in Operations from a 10,000 foot view without getting into the details of how we would actually operationalize it in LSCO. 9/
I think it's something we need to think about as a corps. If we are going to focus on preserving a commander's legal maneuver space, it's worth also focusing on the military justice side of the equation and addressing how we approach it in the next fight. 10/x
@JTSoron @Nicklegalbeagle @tjm585 @timmathews @soldierreader @BadLegalTakes @grossap @ajthelawyer @barronpm @char_crisp_ @jimmylaw7 @HeatherTregle @CPTJohnson77 @LegalLeadTheWay @VlietNY67 @VtheEsquire @TJAGLCS1 @5thTJAGLCSCSM and please tag any JA I'm missing.
I missed adding @realToddHuntley in on this one
