Battlefield Next

By US Army JAG Corps’ Future Concepts Directorate

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Description

Battlefield Next is a podcast created and hosted by the US Army JAG Corps’ Future Concepts Directorate. The Future Concepts Directorate (FCD) is the JAG Corps’ think tank, and one of four directorates of the Judge Advocate General’s Legal Center. Located on the campus of the University of Virginia in Charlottesville, Virginia, FCD is the subject-matter expert on the application of the law to future conflict by assessing the legal requirements of the future operational environment. FCD also reviews Army doctrine on behalf of the JAG Corps, and provides the intellectual foundation and disciplined approach to design, develop, and field a JAG Corps that is ready to conduct future multi-domain operations. For more information you can find us on Twitter @jagfcd or by visiting our website at https://tjaglcspublic.army.mil/fcd.

Episode Date
Episode 19: Operation Allies Welcome
39:12
In July of 2021, the United States began evacuating Afghans with Special Immigrant Visa Status (or SIV).  After the Taliban occupation of Kabul, however, the proverbial flood gates opened and throughout August, the US evacuated approximately 70,000 people on military air.  Joining us today is a panel of three judge advocates who were intimately involved in both the tactical and operational execution of what came to be known as Operation Allies Welcome.      

**Music by Joseph McDade

***The views expressed on the podcast are the views of the participants and do not necessarily represent those of The Judge Advocate General’s Legal Center and School, the Army, the Department of Defense, or any other agency of the US Government.  Reference in this site to any specific commercial product, process, or service, or the use of any trade, firm or corporation name is for the information and convenience of the public, and does not constitute endorsement, recommendation, or favoring by the Department of Defense.
Jan 13, 2022
Fred Talks on Battlefield Next - Episode 6: The History of the JAG School, Part 2
17:19
When we last left off, the US Army JAG Corps was without a home after leaving the University of Michigan in the 1940’s.  Part 2 of our series examines the winding path that led us to our current home on the Grounds of the University of Virginia. 


**Music by Joseph McDade


***The views expressed on the podcast are the views of the participants and do not necessarily represent those of The Judge Advocate General’s Legal Center and School, the Army, the Department of Defense, or any other agency of the US Government.
Dec 15, 2021
Fred Talks on Battlefield Next - Episode 5 - The History of the JAG School, Part 1
19:19
Episode 5! Judge Advocates have served in the Army since the 18th century, but the idea of a “JAG School” is relatively new.  Mr. Borch details the history of the JAG Corp’s first brick and mortar institution, including a stop at the University of Michigan in Ann Arbor during WWII.

**Music by Joseph McDade

***The views expressed on the podcast are the views of the participants and do not necessarily represent those of The Judge Advocate General’s Legal Center and School, the Army, the Department of Defense, or any other agency of the US Government.
Dec 08, 2021
Fred Talks on Battlefield Next - Episode 7: The History of Fred
23:59
Today, something new, something old, something different, something very much the same, BUT something everyone has been waiting with baited breath to hear.  Join us as we talk about the history of this podcast’s namesake, the history of FRED.  


**Music by Joseph McDade


***The views expressed on the podcast are the views of the participants and do not necessarily represent those of The Judge Advocate General’s Legal Center and School, the Army, the Department of Defense, or any other agency of the US Government.
Dec 07, 2021
Fred Talks on Battlefield Next - Episode 4 - The Dark Ages before the UCMJ
15:55
Mr. Borch reading from a 123-year-old manual?  Sounds like the latest episode of Fred Talks.  Join us as Mr. Borch shines a light on the proverbial dark ages before the UCMJ.  What was it like to try a case 150 years ago? Why and when did the nation move towards a standard uniform code?  All this and more on episode 4!

***The views expressed on the podcast are the views of the participants and do not necessarily represent those of The Judge Advocate General’s Legal Center and School, the Army, the Department of Defense, or any other agency of the US Government.
Nov 17, 2021
Fred Talks on Battlefield Next - Episode 3: A Revolution in Military Justice, the MJA of 1968
13:27
Ever wonder why military judges wear black robes?  OK, maybe that question doesn’t live rent free in your brain . . . BUT the answers are here, thanks to Mr. Borch our regimental historian.  The Uniform Code of Military Justice (UCMJ) was a revolution in the way the military tries cases, but a second lesser known revolution took place in 1968 – the Military Justice Act.  More attorneys, military judges, and yes . . . even black robes.  All found on this week’s Fred Talks.
***The views expressed on the podcast are the views of the participants and do not necessarily represent those of The Judge Advocate General’s Legal Center and School, the Army, the Department of Defense, or any other agency of the US Government.
Nov 11, 2021
Fred Talks on Battlefield Next - Episode 2: The Evolution of the Paralegal & Advanced Individual Training (AIT)
15:39
The Evolution of the Paralegal & Advanced Individual Training (AIT)
Mr. Borch takes us through the evolution of the paralegal specialist, both their role and their training.  From legal clerk to para-professional, the Paralegal has seen a vast change in their responsibilities and duty titles over the last fifty years.  Today, the paralegal is a vital part of any legal team, and often the tip of the proverbial legal spear.  Join us our regimental historian colorfully (as always) describes that evolution. 




***The views expressed on the podcast are the views of the participants and do not necessarily represent those of The Judge Advocate General’s Legal Center and School, the Army, the Department of Defense, or any other agency of the US Government.
Oct 27, 2021
Episode 17: Trail Blazing at USMA, an Interview with COL (Ret) Donna Wright
50:52
COL(Ret) Donna Wright was a member of the US Military Academy at West Point’s first coeducational class. Join us as she discusses trailblazing in the military, from her Academy beginnings to her career as a military judge.
**Music by Joseph McDade

***The views expressed on the podcast are the views of the participants and do not necessarily represent those of The Judge Advocate General’s Legal Center and School, the Army, the Department of Defense, or any other agency of the US Government.
Oct 19, 2021
Fred Talks on Battlefield Next - Episode 1: The Metamorphosis of the JAG Corps)
17:23
I’d like to welcome you to something a little bit different on the Battlefield Next network of podcasts. You all have I’m sure heard of the world-famous, hard-hitting, cutting edge discussions on society and technology, known as Ted Talks. Well . . . . we don’t own any fancy skinny microphones, we can’t trade in our OCPs for black turtlenecks, BUT we can and will bring to you a segment fondly known as Fred Talks. Join us weekly as the Army JAG Corps’ Regimental Historian provides short glimpses of our institutional past. You can only succeed on the battlefields of tomorrow, IF you learn about the battlefields of yesterday, SO TODAY, it’s time to settle in for our very first “Fred Talk” on the evolution of the JAG Corps.

***The views expressed on the podcast are the views of the participants and do not necessarily represent those of The Judge Advocate General’s Legal Center and School, the Army, the Department of Defense, or any other agency of the US Government.
Oct 06, 2021
Episode 18: An Interview with CSM Josh Quinton
21:52
CSM Quinton is the Command Sergeant Major of The Judge Advocate General’s Legal Center and School and the Commandant of the NCO Academy in Charlottesville, VA. Join us as he explores his past, the reasons for his Service, and his expectations for the future force (some discussion on his 6’8” stature may also make an appearance or two).
**Music by Joseph McDade

***The views expressed on the podcast are the views of the participants and do not necessarily represent those of The Judge Advocate General’s Legal Center and School, the Army, the Department of Defense, or any other agency of the US Government.
Sep 29, 2021
Episode 16: An American Lieutenant Colonel in Andover
18:24
Continuing our focus on interoperability, today we journey across the pond to interview Lieutenant Colonel Christofer T. Franca, a U.S. Army Judge Advocate embedded with British Army Forces. LTC Franca discusses his background, his current position, and his take on interoperability and its application to future conflict.

**Music by Joseph McDade

***The views expressed on the podcast are the views of the participants and do not necessarily represent those of The Judge Advocate General’s Legal Center and School, the Army, the Department of Defense, or any other agency of the US Government.
Sep 28, 2021
Episode 15: An Interview of Lieutenant Colonel Andrew Farquhar of the British Army Legal Service
22:00
On today’s episode, Lieutenant Colonel Andrew Farquhar and Major Jason Coffey discuss the Army Legal Service, his background, his role at The Judge Advocate General’s Legal Center, and his focus on interoperability.

Below is a timeline of some of the subject-areas discussed during the episode:

00:00 Episode Introduction

01:02 The British Army Legal Service

02:11 The Responsibilities of the British Army Legal Service

02:53 Career Paths for Legal Officers in the British Army

05:04 Lieutenant Colonel Farquhar’s Career Path

06:38 Director of Mult-National Operations and the Focus on Interoperability

13:58 Planning in an Interoperable Environment

16:16 Book Recommendations

21:23 End of Episode


Lieutenant Colonel Farquhar’s Book and Media Recommendations:

"Thinking, Fast and Slow" by Daniel Kahneman.
“12 Rules for Life” by Jordan Peterson.
“Call Sign Chaos: Learning to Lead” by Jim Mattis.
“Utility of Force: The Art of War in the Modern Word” by Peter Jackson.
“Gates of Fire” by Steven Pressfield.
University of Texas at Austin 2014 Commencement Address-Admiral William McRaven


For more information related to FCD you can follow us on Twitter @jagfcd or by visiting our webpage. If you have recommendations or suggestions about future topics or guests, please send us an email, or you can leave us a comment by signing in below. Finally, if you like what you hear, please leave us a review on iTunes and subscribe to "Battlefield Next" on your favorite podcast app. While this is a podcast created by US Army Judge Advocates from Future Concepts Directorate, our goal is to reach other judge advocates and lawyers across the DoD, law students, and members of academia. Your reviews help make this possible.

For more information about the US Army JAG Corps, you can go here. If you’re interested in joining the Army JAG Corps, you can get more information by contacting the Judge Advocate Recruiting Office (JARO) or by visiting their webpage.

*Lieutenant Colonel Farquhar is the British Army Legal Officer, and is the Director of Multi-National Operations at The Judge Advocate General’s Legal Center. As the director, he focuses on interoperability.

**Music by Joseph McDade

***The views expressed on the podcast are the views of the participants and do not necessarily represent those of The Judge Advocate General’s Legal Center and School, the Army, the Department of Defense, or any other agency of the US Government.
Feb 17, 2021
Episode 14: Judge Advocates in the Great War
29:03
On today’s episode, Mr. Fred L. Borch* and Major Jason C. Coffey discuss Judge Advocates in the Great War, covering the pre-World War I Judge Advocate General’s Corps, its expansion after the United States entered the war, Judge Advocate training, and the duties Judge Advocates performed during the war.

Below is a timeline of some of the subject-areas discussed during the episode:

00:00 Episode Introduction

00:59 Pre-World War I Judge Advocate General’s Corps

02:34 The Expansion of the Judge Advocate General’s Corps

04:00 The First 25 and Incremental Expansion

05:58 Judge Advocate Duties in the United States

08:39 Military Justice Agreements in World War I

11:09 Other Legal Issues Judge Advocates Faced

18:29 Social Changes in the Judge Advocate General’s Department

21:15 Judge Advocate Education and Training

24:35 Book Recommendations

28:58 End of Episode


Mr. Borch’s Book Recommendations:

Fred L. Borch. “Judge Advocates in the Great War”. The Army Lawyer, November/December 2018, pages 10-18. Book version expected Spring 2021.
“To Raise and Discipline an Army” by Joshua E. Kastenberg.
“The New Wilderness” by Diane Cook.
“They Shall Not Grow Old” by Peter Jackson.
“1917” by Sam Mendes

For more information related to FCD you can follow us on Twitter @jagfcd or by visiting our webpage. If you have recommendations or suggestions about future topics or guests, please send us an email at usarmy.pentagon.hqda-tjaglcs.list.tjaglcs-doctrine@mail.mil, or you can leave us a comment by signing in below. Finally, if you like what you hear, please leave us a review on iTunes and subscribe to “Battlefield Next” on your favorite podcast app. While this is a podcast created by US Army Judge Advocates from Future Concepts Directorate, our goal is to reach other judge advocates and lawyers across the DoD, law students, and members of academia. Your reviews help make this possible.

For more information about the US Army JAG Corps, you can go here. If you’re interested in joining the Army JAG Corps, you can get more information by contacting the Judge Advocate Recruiting Office (JARO) or by visiting their webpage.

*Mr. Borch is a professor of Legal History and Leadership at The Judge Advocate General’s Legal Center and School, and the Regimental Historian and Archivist for the U.S. Army Judge Advocate General’s Corps.

**Music by Joseph McDade.

***The views expressed on the podcast are the views of the participants and do not necessarily represent those of The Judge Advocate General’s Legal Center and School, the Army, the Department of Defense, or any other agency of the US Government.
Jan 28, 2021
Episode 13: A Preview of Mr. Fred Borch's Remarks at the Nuremberg Trial Symposium on 19 Nov 2020
33:57
On today’s episode, Major Keoni Medici** interviews Mr. Fred Borch on his remarks for the symposium commemorating the 75th anniversary of the International Military Tribunal at Nuremberg on 19 November 2020 at The Judge Advocate General’s Legal Center and School.

The episode begins with Mr. Borch providing a background of the International Military Tribunal; a description of the Nuremberg indictments; the subsequent Nuremberg trials; and an overview of what he will discuss at the symposium.

Below is a timeline of some of the subject-areas discussed during the episode:

00:00 Episode Introduction

02:14 Background of the International Military Tribunal at Nuremberg

10:23 The Nuremberg Indictments

13:56 The Subsequent Nuremberg Trials

19:00 Highlights of the Subsequent Trials

24:24 Background of Judge Justin Harding

25:31 Overview of Mr. Borch’s Symposium Remarks

28:34 Book Recommendations

32:54 End of Episode


Mr. Borch’s Book Recommendations:

“Hamnet” by Maggie O’Farrell.
“Crash Landing On You” by Ji Eun Park.
“Fargo” by Noah Hawley.
“Trial of the Chicago 7” by Aaron Sorkin.

For more information related to FCD you can follow us on Twitter @jagfcd or by visiting our webpage. If you have recommendations or suggestions about future topics or guests, please send us an email at usarmy.pentagon.hqda-tjaglcs.list.tjaglcs-doctrine@mail.mil, or you can leave us a comment by signing in below. Finally, if you like what you hear, please leave us a review on iTunes and subscribe to “Battlefield Next” on your favorite podcast app. While this is a podcast created by US Army Judge Advocates from Future Concepts Directorate, our goal is to reach other judge advocates and lawyers across the DoD, law students, and members of academia. Your reviews help make this possible.

For more information about the US Army JAG Corps, you can go here. If you’re interested in joining the Army JAG Corps, you can get more information by contacting the Judge Advocate Recruiting Office (JARO) or by visiting their webpage.

* Mr. Borch is a professor of Legal History and Leadership at The Judge Advocate General’s Legal Center and School, and the Regimental Historian and Archivist for the U.S. Army Judge Advocate General’s Corps.

**MAJ Medici is an associate professor of Law in the National Security Law Department at The Judge Advocate General’s School.

***Music by Joseph McDade.

****The views expressed on the podcast are the views of the participants and do not necessarily represent those of The Judge Advocate General’s Legal Center and School, the Army, the Department of Defense, or any other agency of the US Government.
Nov 17, 2020
Episode 12: MAJ Joshua Wolff – “Interrupted Broadcasts? The Law Of Neutrality And Communications Satellites”
18:07
On today’s podcast we have Major Joshua Wolff, national security law attorney and the Army Element Command Judge Advocate for U.S. Space Command. Major Wolff recently completed a Masters of Law in Space, Cyber, and Telecommunications at the University of Nebraska, College of Law. On today’s episode, Major Wolff and Major Coffey discuss MAJ Wolff’s thesis, “Interrupted Broadcasts? The Law Of Neutrality And Communications Satellites”**, which analyzes the relationship between the law of neutrality and space law and proposes a framework to resolve potential conflict between the two bodies of international law.

Below is a timeline of some of the subject-areas discussed during the episode:

00:00 Introduction

00:57 Overview of Space Law

02:32 Discussion of the Thesis “Interrupted Broadcasts? The Law of Neutrality
And Communications Satellites”**

03:30 Overview of Neutrality

04:54 General Rule of Neutrality

06:13 Current State of Neutrality

07:09 Relevancy of the Hague Treaties to Satellites

08:35 Space Law and Neutrality

10:19 Gaps in Laws and Treaties

12:16 Problems that the Gaps Cause

13:13 Proposed Analysis to Close the Gaps

14:20 Neutrality Obligations in Space during an International Armed Conflict

16:03 Book Recommendations

17:24 Closing Remarks

MAJ Wolff’s Book Recommendations:

“Challenges to Security in Space” Defense Intelligence Agency

“The Shadow War: Inside the Modern-Day Undeclared Battles Waged Against America” by Jim Sciutto

“Eccentric Orbits” by John Bloom*

“Space 2.0” by Rod Pyle

*CORRECTION: In the episode, Major Wolff referred to the author of “Eccentric Orbits” as “Joe Bob Briggs”. “Joe Bob Briggs” is the alter ego of John Bloom, the credited author of “Eccentric Orbits”. Mr. Bloom has also publishes under that name. This serves as the correction that the credited author of “Eccentric Orbits” is John Bloom.

**UPDATE: Major Wolff’s Paper is in pre-publication review. This blogpost will be updated with a link once the paper is published.

For more information related to FCD you can follow us on Twitter @jagfcd or by visiting our webpage. If you have recommendations or suggestions about future topics or guests, please send us an email at usarmy.pentagon.hqda-tjaglcs.list.tjaglcs-doctrine@mail.mil, or you can leave us a comment by signing in below. Finally, if you like what you hear, please leave us a review on iTunes and subscribe to “Battlefield Next” on your favorite podcast app. While this is a podcast created by US Army Judge Advocates from Future Concepts Directorate, our goal is to reach other judge advocates and lawyers across the DoD, law students, and members of academia. Your reviews help make this possible.

For more information about the US Army JAG Corps, you can go here. If you’re interested in joining the Army JAG Corps, you can get more information by contacting the Judge Advocate Recruiting Office (JARO) or by visiting their webpage.

***Music by Joseph McDade

****The views expressed on the podcast are the views of the participants and do not necessarily represent those of The Judge Advocate General’s Legal Center and School, the Army, the Department of Defense, or any other agency of the US Government.
Aug 14, 2020
Episode 11: Brigadier General (Ret.) Rich Gross – The Evolution of National Security Law
21:33
On today’s podcast we have Brigadier General (Retired) Rich Gross, former Legal Counsel to the Chairman of the Joint Chiefs of Staff. Brigadier General Gross has also served as the Staff Judge Advocate of U.S. Central Command, US Forces-Afghanistan, and Joint Special Operations Command. MAJ Wellemeyer and MAJ Wellemeyer interviewed Brigadier General Gross the evolution of national security law, the importance of judge advocate integration into the units they are advising, and advising commanders in an operational setting.

Below is a timeline of some of the subject-areas discussed during the episode:

00:00 Introduction

00:50 The Evolution of National Security Law

03:58 Integration of judge advocates in the units they are advising

05:45 The growth of National Security Law practice during BG Gross’ service

08:36 The evolution of legal issues in National Security Law

11:19 Current concerns in National Security Law

14:11 Advising commanders in an operational setting

16:28 “Legal” and “Counsel”

18:40 Book recommendations

20:48 Closing

BG(RET) Gross’ Podcast Recommendations:

“The World Next Week”
“The President’s Inbox”
“The Economist”

BG(RET) Gross’ Book Recommendations:

“Creating Magic” by Lee Cockerell
“Team of Teams” by General Stanley McChrystal
“No Time for Spectators” by General Martin Dempsey

For more information related to FCD you can follow us on Twitter @jagfcd or by visiting our webpage. If you have recommendations or suggestions about future topics or guests, please send us an email at usarmy.pentagon.hqda-tjaglcs.list.tjaglcs-doctrine@mail.mil, or you can leave us a comment by signing in below. Finally, if you like what you hear, please leave us a review on iTunes and subscribe to “Battlefield Next” on your favorite podcast app. While this is a podcast created by US Army Judge Advocates from Future Concepts Directorate, our goal is to reach other judge advocates and lawyers across the DoD, law students, and members of academia. Your reviews help make this possible.

For more information about the US Army JAG Corps, you can go here. If you’re interested in joining the Army JAG Corps, you can get more information by contacting the Judge Advocate Recruiting Office (JARO) or by visiting their webpage.

*Music by Joseph McDade

**The views expressed on the podcast are the views of the participants and do not necessarily represent those of The Judge Advocate General’s Legal Center and School, the Army, the Department of Defense, or any other agency of the US Government.
Jul 21, 2020
Episode 10: (Part 3) Interview with Brigadier General R. Patrick Huston by LTC Cinnamon Chielens and MAJ JJ Wellemeyer on Artificial Intelligence, Deep Fake Technology, and the COVID-19 Pandemic
8:51
On today’s episode we have Brigadier General R. Patrick Huston, the Assistant Judge Advocate General for Military Law and Operations. BG Huston oversees international legal engagements, criminal prosecutions and government appeals for the Army. He also supervises the legal teams that provide advice on national security law, contract actions, administrative law and criminal law. He is focused on the legal and ethical development and use of artificial intelligence, autonomous weapons, cybersecurity and other emerging technologies. He also supports diversity and inclusion initiatives as part of talent management for the JAG Corps, one of the world's largest legal organizations.

Lieutenant Colonel Cinnamon Chielens and Major JJ Wellemeyer interviewed BG Huston via zoom to discuss three topics: Artificial Intelligence (AI), Deep Fake Technology, and lessons learned from the COVID-19 pandemic.

The episode is divided into three parts.

Part one covers Artificial Intelligence; its uses, common misconceptions, the importance of public/private partnerships, legal and ethical challenges, and advising commanders on the uses of AI.
Part two discusses Deep Fake technology, providing an overview, the risks involved, and protecting against deep fakes.

Part three discusses the lessons learned from the COVID-19 pandemic, and how the JAG Corps and Army moves forward with those lessons.


Below is a timeline of some of the subject-areas discussed during Part 1 (AI):

00:00 Introduction

00:56 AI Overview

01:51 Misconceptions about AI and its uses

05:21 Public/Private partnerships in the development of AI

06:28 Legal and ethical considerations of AI

08:07 AI and great power competition
Below is a timeline of some of the subject-areas discussed during Part 2 (Deep Fake Technology):

00:00 Introduction

00:10 Deep fake overview

00:41 Combatting “Truth Decay”

03:15 Deep fake threats and potential solutions

04:50 Critical thinking/analysis in combatting deep fake threats


Below is a timeline of some of the subject-areas discussed during Part 3 (COVID-19):

00:00 Introduction

00:09 Lessons learned from the COVID-19 pandemic

01:04 Courts and remote technology

02:27 Effects on the workplace

05:21 COVID-19 and autonomous systems

05:28 Closing Remarks

06:25 Book recommendations

08:03 End notes


If you’re interested in learning more about some of the topics covered during this episode, we recommend the following additional reading and resources:
Eric Schmidt: I Used to Run Google. Silicon Valley Could Lose to China.
BG Huston’s Book Recommendations:

“1776” by David McCullough
“Duffel Blog” edited by Randy Brown and Steve Leonard

For more information related to FCD you can follow us on Twitter @jagfcd or by visiting our webpage. If you have recommendations or suggestions about future topics or guests, please send us an email at usarmy.pentagon.hqda-tjaglcs.list.tjaglcs-doctrine@mail.mil, or you can leave us a comment by signing in below. Finally, if you like what you hear, please leave us a review on iTunes and subscribe to “Battlefield Next” on your favorite podcast app. While this is a podcast created by US Army Judge Advocates from Future Concepts Directorate, our goal is to reach other judge advocates and lawyers across the DoD, law students, and members of academia. Your reviews help make this possible.

For more information about the US Army JAG Corps, you can go here. If you’re interested in joining the Army JAG Corps, you can get more information by contacting the Judge Advocate Recruiting Office (JARO) or by visiting their webpage.

*Music by Joseph McDade

**The views expressed on the podcast are the views of the participants and do not necessarily represent those of The Judge Advocate General’s Legal Center and School, the Army, the Department of Defense, or any other agency of the US Government.
Jun 19, 2020
Episode 10: (Part 2) Interview with Brigadier General R. Patrick Huston by LTC Cinnamon Chielens and MAJ JJ Wellemeyer on Artificial Intelligence, Deep Fake Technology, and the COVID-19 Pandemic
6:06
On today’s episode we have Brigadier General R. Patrick Huston, the Assistant Judge Advocate General for Military Law and Operations. BG Huston oversees international legal engagements, criminal prosecutions and government appeals for the Army. He also supervises the legal teams that provide advice on national security law, contract actions, administrative law and criminal law. He is focused on the legal and ethical development and use of artificial intelligence, autonomous weapons, cybersecurity and other emerging technologies. He also supports diversity and inclusion initiatives as part of talent management for the JAG Corps, one of the world's largest legal organizations.

Lieutenant Colonel Cinnamon Chielens and Major JJ Wellemeyer interviewed BG Huston via zoom to discuss three topics: Artificial Intelligence (AI), Deep Fake Technology, and lessons learned from the COVID-19 pandemic.

The episode is divided into three parts.

Part one covers Artificial Intelligence; its uses, common misconceptions, the importance of public/private partnerships, legal and ethical challenges, and advising commanders on the uses of AI.

Part two discusses Deep Fake technology, providing an overview, the risks involved, and protecting against deep fakes.

Part three discusses the lessons learned from the COVID-19 pandemic, and how the JAG Corps and Army moves forward with those lessons.


Below is a timeline of some of the subject-areas discussed during Part 1 (AI):

00:00 Introduction

00:56 AI Overview

01:51 Misconceptions about AI and its uses

05:21 Public/Private partnerships in the development of AI

06:28 Legal and ethical considerations of AI

08:07 AI and great power competition
Below is a timeline of some of the subject-areas discussed during Part 2 (Deep Fake Technology):

00:00 Introduction

00:10 Deep fake overview

00:41 Combatting “Truth Decay”

03:15 Deep fake threats and potential solutions

04:50 Critical thinking/analysis in combatting deep fake threats


Below is a timeline of some of the subject-areas discussed during Part 3 (COVID-19):

00:00 Introduction

00:09 Lessons learned from the COVID-19 pandemic

01:04 Courts and remote technology

02:27 Effects on the workplace

05:21 COVID-19 and autonomous systems

05:28 Closing Remarks

06:25 Book recommendations

08:03 End notes


If you’re interested in learning more about some of the topics covered during this episode, we recommend the following additional reading and resources:
Eric Schmidt: I Used to Run Google. Silicon Valley Could Lose to China.
BG Huston’s Book Recommendations:

“1776” by David McCullough
“Duffel Blog” edited by Randy Brown and Steve Leonard

For more information related to FCD you can follow us on Twitter @jagfcd or by visiting our webpage. If you have recommendations or suggestions about future topics or guests, please send us an email at usarmy.pentagon.hqda-tjaglcs.list.tjaglcs-doctrine@mail.mil, or you can leave us a comment by signing in below. Finally, if you like what you hear, please leave us a review on iTunes and subscribe to “Battlefield Next” on your favorite podcast app. While this is a podcast created by US Army Judge Advocates from Future Concepts Directorate, our goal is to reach other judge advocates and lawyers across the DoD, law students, and members of academia. Your reviews help make this possible.

For more information about the US Army JAG Corps, you can go here. If you’re interested in joining the Army JAG Corps, you can get more information by contacting the Judge Advocate Recruiting Office (JARO) or by visiting their webpage.

*Music by Joseph McDade

**The views expressed on the podcast are the views of the participants and do not necessarily represent those of The Judge Advocate General’s Legal Center and School, the Army, the Department of Defense, or any other agency of the US Government.
Jun 19, 2020
Episode 10: (Part 1) Interview with Brigadier General R. Patrick Huston by LTC Cinnamon Chielens and MAJ JJ Wellemeyer on Artificial Intelligence, Deep Fake Technology, and the COVID-19 Pandemic
12:38
On today’s episode we have Brigadier General R. Patrick Huston, the Assistant Judge Advocate General for Military Law and Operations. BG Huston oversees international legal engagements, criminal prosecutions and government appeals for the Army. He also supervises the legal teams that provide advice on national security law, contract actions, administrative law and criminal law. He is focused on the legal and ethical development and use of artificial intelligence, autonomous weapons, cybersecurity and other emerging technologies. He also supports diversity and inclusion initiatives as part of talent management for the JAG Corps, one of the world's largest legal organizations.

Lieutenant Colonel Cinnamon Chielens and Major JJ Wellemeyer interviewed BG Huston via zoom to discuss three topics: Artificial Intelligence (AI), Deep Fake Technology, and lessons learned from the COVID-19 pandemic.

The episode is divided into three parts.

Part one covers Artificial Intelligence; its uses, common misconceptions, the importance of public/private partnerships, legal and ethical challenges, and advising commanders on the uses of AI.
Part two discusses Deep Fake technology, providing an overview, the risks involved, and protecting against deep fakes.

Part three discusses the lessons learned from the COVID-19 pandemic, and how the JAG Corps and Army moves forward with those lessons.


Below is a timeline of some of the subject-areas discussed during Part 1 (AI):

00:00 Introduction

00:56 AI Overview

01:51 Misconceptions about AI and its uses

05:21 Public/Private partnerships in the development of AI

06:28 Legal and ethical considerations of AI

08:07 AI and great power competition
Below is a timeline of some of the subject-areas discussed during Part 2 (Deep Fake Technology):

00:00 Introduction

00:10 Deep fake overview

00:41 Combatting “Truth Decay”

03:15 Deep fake threats and potential solutions

04:50 Critical thinking/analysis in combatting deep fake threats


Below is a timeline of some of the subject-areas discussed during Part 3 (COVID-19):

00:00 Introduction

00:09 Lessons learned from the COVID-19 pandemic

01:04 Courts and remote technology

02:27 Effects on the workplace

05:21 COVID-19 and autonomous systems

05:28 Closing Remarks

06:25 Book recommendations

08:03 End notes


If you’re interested in learning more about some of the topics covered during this episode, we recommend the following additional reading and resources:
Eric Schmidt: I Used to Run Google. Silicon Valley Could Lose to China.
BG Huston’s Book Recommendations:

“1776” by David McCullough
“Duffel Blog” edited by Randy Brown and Steve Leonard

For more information related to FCD you can follow us on Twitter @jagfcd or by visiting our webpage. If you have recommendations or suggestions about future topics or guests, please send us an email at usarmy.pentagon.hqda-tjaglcs.list.tjaglcs-doctrine@mail.mil, or you can leave us a comment by signing in below. Finally, if you like what you hear, please leave us a review on iTunes and subscribe to “Battlefield Next” on your favorite podcast app. While this is a podcast created by US Army Judge Advocates from Future Concepts Directorate, our goal is to reach other judge advocates and lawyers across the DoD, law students, and members of academia. Your reviews help make this possible.

For more information about the US Army JAG Corps, you can go here. If you’re interested in joining the Army JAG Corps, you can get more information by contacting the Judge Advocate Recruiting Office (JARO) or by visiting their webpage.

*Music by Joseph McDade

**The views expressed on the podcast are the views of the participants and do not necessarily represent those of The Judge Advocate General’s Legal Center and School, the Army, the Department of Defense, or any other agency of the US Government.
Jun 19, 2020
Episode 9: BG Joseph Berger III – Modernizing Our Thinking
32:33
On today’s podcast we have BG Joseph B. Berger, the Commanding General of The Judge Advocate General’s Legal Center and School, the premier training, education, and analysis institution for military law. As the Commander, BG Berger is responsible for developing and executing our Army’s (and in many cases, the Joint Force’s) institutional level legal training of uniform and civilian attorneys, paralegals, and legal administrators. The Legal Center and School’s mandate is not just limited to members of the JAG Corps; it is also responsible for legal training across the Army, from what our Soldiers learn about the law of war during basic combat training to what our most senior commanders learn during their Senior and General Officer Legal Orientations, mandatory courses before they can assume command of our Nation’s sons and daughters.

In mid-May, MAJ Coffey and MAJ Wellemeyer interviewed BG Berger via Zoom to discuss a number of topics including decision-making by lawyers as leaders, lessons learned from his time with special operations units, the speed of decision-making under the OODA loop process, under-writing failure as a leader, and lessons from the COVID-19 pandemic.

Below is a timeline of some of the subject-areas discussed during the episode:

00:00 Introduction

01:05 Decision-making and lessons from SOF assignments

04:50 OODA loop, risk, and mistakes: how leaders under-write failure

06:45 Confusing “energy” with “progress”

07:49 OODA loop applied to the shift in distributed learning at TJAGLCS

13:44 How the OODA loop ties into mission command

16:10 Comfort with risk and how leaders can underwrite failure to build success

20:47 Lessons from the COVID-19 pandemic

23:07 How stress increases at lower echelons

25:06 Closing comments by BG Berger

27:05 Book recommendations

31:55 End notes

If you’re interested in learning more about some of the topics covered during this episode, we recommend the following additional reading and resources:

Early Lessons from the U.S. Army’s Campaign to Conquer COVID-19 by Loren Thompson
Explanation of the OODA Loop

BG Berger’s Book Recommendations:

“Barking Up the Wrong Tree: The Surprising Science Behind Why Everything You Know About Success Is (Mostly) Wrong” by Eric Barker
“Why We Write: Craft Essays on Writing War” edited by Randy Brown and Steve Leonard
“Pale Rider: The Spanish Flue of 1918 and How it Changed the World” by Laura Spinney

For more information related to FCD you can follow us on Twitter @jagfcd or by visiting our webpage. If you have recommendations or suggestions about future topics or guests, please send us an email at usarmy.pentagon.hqda-tjaglcs.list.tjaglcs-doctrine@mail.mil, or you can leave us a comment by signing in below. Finally, if you like what you hear, please leave us a review on iTunes and subscribe to “Battlefield Next” on your favorite podcast app. While this is a podcast created by US Army Judge Advocates from Future Concepts Directorate, our goal is to reach other judge advocates and lawyers across the DoD, law students, and members of academia. Your reviews help make this possible.

For more information about the US Army JAG Corps, you can go here. If you’re interested in joining the Army JAG Corps, you can get more information by contacting the Judge Advocate Recruiting Office (JARO) or by visiting their webpage.

*Music by Joseph McDade

**The views expressed on the podcast are the views of the participants and do not necessarily represent those of The Judge Advocate General’s Legal Center and School, the Army, the Department of Defense, or any other agency of the US Government.
Jun 11, 2020
Episode 8: Interview with CDR Jonathan Shumate and MAJ Vo-Laria Brooks about CLAMO, DSCA, and COVID-19 Response
24:37
On today’s podcast we have an interview with CDR Jonathan Shumate and MAJ Vo-Laria Brooks from the US Army JAG Corps’ Center for Law and Military Operations (also known as “CLAMO”), a Directorate of the The Judge Advocate General’s Legal Center in Charlottesville, VA. CDR Shumate serves as the Coast Guard Advanced Operational Law Studies Fellow. MAJ Brooks serves as the Director of Domestic Operations and National Guard Bureau (NGB) Liaison where she is responsible for teaching Defense Support of Civil Authorities (DSCA) at TJAGLCS, as well as providing support for the DSCA mission for the 54 States and Territories of the National Guard.

MAJ Wellemeyer, CDR Shumate, and MAJ Brooks discuss CLAMO’s role and function, the DSCA process, and some of the legal issues the Army faces in responding to the COVID-19 pandemic.

Below is a timeline of some of the subject-areas discussed during the episode:

00:00 Episode Introduction

01:23 CLAMO’s Role and Function

03:21 What is DSCA?

04:30 DSCA Process (Tiered Approach)

11:01 Risk to commanders of not following DSCA process

13:38 Dual-Status Commander

17:15 Dual-Status Commanders on order during COVID-19 pandemic

17:57 The concept of a “Mega” Dual-Status Commander

19:26 Current utilization of the National Guard

22:56 Comparing the response to the COVID-19 pandemic to that of previous humanitarian crises

24:37 End of Episode

If you’re interested in learning more about some of the topics covered during this episode, we recommend the following additional reading and resources:

“The Military and the Pandemic: An Explainer of the National Guard’s Role in the COVID-19 Response” by Dennis Bittle
DSCA: Interagency Partner Guide for Disasters and Emergencies, July 2015
Public Documents Published by the Center for Law and Military Operations
CLAMO Resources (CAC Only)

For more information related to FCD you can follow us on Twitter @jagfcd or by visiting our webpage. If you have recommendations or suggestions about future topics or guests, please send us an email at usarmy.pentagon.hqda-tjaglcs.list.tjaglcs-doctrine@mail.mil, or you can leave us a comment by signing in below. Finally, if you like what you hear, please leave us a review on iTunes and subscribe to “Battlefield Next” on your favorite podcast app. While this is a podcast created by US Army Judge Advocates from Future Concepts Directorate, our goal is to reach other judge advocates and lawyers across the DoD, law students, and members of academia. Your reviews help make this possible.

For more information about the US Army JAG Corps, you can go here. If you’re interested in joining the Army JAG Corps, you can get more information by contacting the Judge Advocate Recruiting Office (JARO) or by visiting their webpage.

*Music by Joseph McDade

**The views expressed on the podcast are the views of the participants and do not necessarily represent those of The Judge Advocate General’s Legal Center and School, the Army, the Department of Defense, or any other agency of the US Government.
May 01, 2020
Episode 7: Interview with Mr. Fred Borch on the Ansell-Crowder Controversy of 1917-1920
31:34
On today’s podcast we have an interview with Mr. Fred Borch, Professor of Legal History and Leadership at The Judge Advocate General’s Legal Center and School, and the Regimental Historian and Archivist for the U.S. Army Judge Advocate General’s Corps. On today’s episode, Mr. Borch and MAJ Wellemeyer discuss the Ansell-Crowder controversy of 1917-1920, and its relation to the modern military justice system.

The episode begins with Mr. Borch describing the relationship between modern courts-martial and federal courts (Article 36, UCMJ), and the state of the military justice practice in 1917 under the Articles of War. He provides a historical backdrop of Major General Enoch Crowder and Brigadier General/Lieutenant Colonel Samuel Ansell, their dispute, and how the dispute put courts-martial practice onto the path to judicialization.

Below is a timeline of some of the subject-areas discussed during the episode:

00:00 Episode Introduction

01:12 Modern military justice practice

02:39 The Army JAG Corps in 1917-1918

06:39 MG Enoch Crowder and BG/LTC Samuel Ansell

08:32 1917 Camp Logan Court-Martial

13:42 The Articles of War

17:20 MG Crowder’s view v. BG Ansell’s view

20:16 Result of suggested reforms

22:52 Path to judicialization/modern courts-martial practice

25:03 Book Recommendations

31:34 End of Episode

If you’re interested in learning more about some of the topics covered during this episode, we recommend the following additional reading and resources:

“The Crowder-Ansell Dispute: The Emergence of General Samuel T. Ansell” by MAJ Terry Brown

Mr. Borch’s Book Recommendations:

“Born at Reveille” by COL (RET) Russell P. Reeder
“Dorothy Must Die”; “The Wicked Will Rise”; “The Yellow Brick War” by Danielle Paige
“Cinder” by Marissa Meyer

For more information related to FCD you can follow us on Twitter @jagfcd or by visiting our webpage. If you have recommendations or suggestions about future topics or guests, please send us an email at usarmy.pentagon.hqda-tjaglcs.list.tjaglcs-doctrine@mail.mil, or you can leave us a comment by signing in below. Finally, if you like what you hear, please leave us a review on iTunes and subscribe to “Battlefield Next” on your favorite podcast app. While this is a podcast created by US Army Judge Advocates from Future Concepts Directorate, our goal is to reach other judge advocates and lawyers across the DoD, law students, and members of academia. Your reviews help make this possible.

For more information about the US Army JAG Corps, you can go here. If you’re interested in joining the Army JAG Corps, you can get more information by contacting the Judge Advocate Recruiting Office (JARO) or by visiting their webpage.

*Music by Joseph McDade

**The views expressed on the podcast are the views of the participants and do not necessarily represent those of The Judge Advocate General’s Legal Center and School, the Army, the Department of Defense, or any other agency of the US Government.
Apr 29, 2020
Episode 6: Interview with John Norton Moore, Thirteenth Waldemar A. Solf and Marc L. Warren Chair Lecturer in National Security Law.
18:09
On today’s episode, we have an interview of Mr. John Norton Moore, Walter L. Brown Professor of Law Emeritus at the University of Virginia School of Law, by Major Travis J.Covey, Vice Chair and Professor of Law in the National Security Law Department at the Judge Advocate General’s Legal Center and School. The episode is an addendum to the Thirteenth Waldemar A. Solf and Marc L. Warren Chair lecture in National Security Law given to by Mr. Moore at the Judge Advocate General’s Legal Center and School.

The episode begins with an introduction of Mr. Moore by Major Covey. The discussion addresses Mr. Moore’s lecture, “Defending Defense in the Law of Jus Ad Bellum.” Mr. Moore discusses the origin of the crisis, why defending the effective right of defense is important, the distinction between the US view of treaty interpretation and the European view, ambiguities in the conventions, and what he would like to see going forward.
Below is a timeline of some of the subject-areas discussed during the episode:

00:00 Episode Introduction
02:09 Mr. Moore’s Background in National Security Law
03:40 Overview of Mr. Moore’s lecture: “Defending Defense in the Law of Jus Ad Bellum”.
05:18 Origin of the crisis
06:47 Returning to the effective right of defense
11:08 Distinction between the US view of treaty interpretation versus the European view
13:26 Ambiguities in the conventions
15:37 Looking forward: protecting the right of defense
16:45 Closing remarks
18:09 End of the episode

A list of publications and contributions by Mr. Moore is available here.
For more information related to FCD you can follow us on Twitter @jagfcd or by visiting our webpage. If you have recommendations or suggestions about future topics or guests, please send us an email, or you can leave us a comment by signing in below. Finally, if you like what you hear, please leave us a review on iTunes and subscribe to "Battlefield Next" on your favorite podcast app. While this is a podcast created by US Army Judge Advocates from Future Concepts Directorate, our goal is to reach other judge advocates and lawyers across the DoD, law students, and members of academia. Your reviews help make this possible.
For more information about the US Army JAG Corps, you can go here. If you’re interested in joining the Army JAG Corps, you can get more information by contacting the Judge Advocate Recruiting Office (JARO) or by visiting their webpage.
*Music by Joseph McDade
**The views expressed on the podcast are the views of the participants and do not necessarily represent those of The Judge Advocate General’s Legal Center and School, the Army, the Department of Defense, or any other agency of the US Government.
Apr 07, 2020
Episode 5: Interview with Mr. Donald Poldon
19:18
On today’s podcast we have an is an interview of Mr. Donald Polden, Dean Emeritus and Professor of Law at Santa Clara University, by Brigadier General Joseph B. Berger, the commanding general of the Judge Advocate General’s Legal Center and School, and Colonel Jerrett W. Dunlap, Dean of The Judge Advocate General’s School. The podcast is an addendum to a lecture on “Legal Leadership” given by Mr. Polden to the students of the 68th graduate course.

The episode begins with an introduction of Mr. Polden by COL Dunlap. The discussion addresses why leadership is important in the legal profession, and what makes leadership different in the legal profession. It also addresses the importance of leadership to innovation and leading change, cross-generational challenges in the legal profession, principled counsel, and the future of legal leadership.

Below is a timeline of some of the subject-areas discussed during the episode:

00:00 Episode Introduction

00:56 Biography of Mr. Polden

02:20 The importance of legal leadership

03:08 The importance of leadership in the legal profession

04:10 The balance of competition with coordination, cooperation, and collaboration in the legal profession

06:19 The importance of leadership to innovation and leading
change

08:19 Cross-generational challenges in the legal profession

11:08 Humility and leadership

13:20 Principled Counsel

16:55 The future of legal leadership

17:58 Leaders on risk and failure

19:18 Closing remarks

If you’re interested in learning more about some of the topics covered during this episode, we recommend the following additional reading and resources:

“Lawyers, Leadership, and Innovation”, by Donald J. Polden.

“Leadership Matters: Lawyers' Leadership Skills and
Competencies”, by Donald J. Polden.
For more information related to FCD you can follow us on Twitter @jagfcd or by visiting our webpage. If you have recommendations or suggestions about future topics or guests, please send us an email, or you can leave us a comment by signing in below. Finally, if you like what you hear, please leave us a review on iTunes and subscribe to "Battlefield Next" on your favorite podcast app. While this is a podcast created by US Army Judge Advocates from Future Concepts Directorate, our goal is to reach other judge advocates and lawyers across the DoD, law students, and members of academia. Your reviews help make this possible.
For more information about the US Army JAG Corps, you can go here. If you’re interested in joining the Army JAG Corps, you can get more information by contacting the Judge Advocate Recruiting Office (JARO) or by visiting their webpage.
*Music by Joseph McDade
**The views expressed on the podcast are the views of the participants and do not necessarily represent those of The Judge Advocate General’s Legal Center and School, the Army, the Department of Defense, or any other agency of the US Government.
Mar 23, 2020
Episode 4: (Part 2) The JARO Episode.
13:50
On today’s podcast, we have an interview with three recent graduates of the Judge Advocate Officer Basic Course: First Lieutenant Briana Kolota; First Lieutenant Asia Buss; and First Lieutenant Mandi Ford. MAJ Wellemeyer and MAJ Coffey had the opportunity to sit down with them to discuss what made them choose the JAG Corps, their commissioning sources, and their experiences in the application process, the Direct Commission Officer Course, and at the Judge Advocate Officer Basic Course.

Due to the episode’s length, it is divided into two parts. In part one, MAJ Wellemeyer and I discuss with them such topics as: why they chose the Army JAG Corps, their commissioning sources, JAG Corps internships, their experiences with the application, accession, and assignment process, and preparing for and reporting to the Direct Commission Officer Course.

Part two covers their experiences at the Direct Commission Officer Course, the Judge Advocate Officer Basic Course, the advice they would give future applicants, and what they think the JAG Corps can do to improve the application and accession process.

Below is a timeline of some of the subject-areas discussed during the episode, along with hyperlinks to further information and resources:

Part Two
0:00 Inprocessing and Training at the Direct Commission Officer Course
01:08 A typical day at the Direct Commission Officer Course
03:05 Impressions of training as a brand new Lieutenant
05:12 Learning to wear the uniform
06:54 Moving from Fort Benning to Charlottesville
07:42 A typical at the Judge Advocate Officer Basic Course
08:57 The Judge Advocate Officer Basic Course class schedule
10:22 Improving the application and accession process
12:40 Advice to future applicants
13:50 End of episode

For more information related to FCD you can follow us on Twitter @jagfcd or by visiting our webpage. If you have recommendations or suggestions about future topics or guests, please send us an email, or you can leave us a comment by signing in below. Finally, if you like what you hear, please leave us a review on iTunes and subscribe to "Battlefield Next" on your favorite podcast app. While this is a podcast created by US Army Judge Advocates from Future Concepts Directorate, our goal is to reach other judge advocates and lawyers across the DoD, law students, and members of academia. Your reviews help make this possible.
For more information about the US Army JAG Corps, you can go here. If you’re interested in joining the Army JAG Corps, you can get more information by contacting the Judge Advocate Recruiting Office (JARO) or by visiting their webpage.
*Music by Joseph McDade
**The views expressed on the podcast are the views of the participants and do not necessarily represent those of The Judge Advocate General’s Legal Center and School, the Army, the Department of Defense, or any other agency of the US Government.
Mar 22, 2020
Episode 4: (Part 1) The JARO Episode.
21:04
On today’s podcast, we have an interview with three recent graduates of the Judge Advocate Officer Basic Course: First Lieutenant Briana Kolota; First Lieutenant Asia Buss; and First Lieutenant Mandi Ford. MAJ Wellemeyer and MAJ Coffey had the opportunity to sit down with them to discuss what made them choose the JAG Corps, their commissioning sources, and their experiences in the application process, the Direct Commission Officer Course, and at the Judge Advocate Officer Basic Course.

Due to the episode’s length, it is divided into two parts. In part one, MAJ Wellemeyer and I discuss with them such topics as: why they chose the Army JAG Corps, their commissioning sources, JAG Corps internships, their experiences with the application, accession, and assignment process, and preparing for and reporting to the Direct Commission Officer Course.

Part two covers their experiences at the Direct Commission Officer Course, the Judge Advocate Officer Basic Course, the advice they would give future applicants, and what they think the JAG Corps can do to improve the application and accession process.

Below is a timeline of some of the subject-areas discussed during the episode, along with hyperlinks to further information and resources:

Part One
00:00 Episode Introduction
01:14 Why They Chose the JAG Corps and Commissioning Sources
01:23 ROTC Educational Delay
01:52 ROTC in Law School
06:33 Direct Commission
07:33 JAG Corps Internships
10:23 The Application process
10:30 Field Screening Interview
12:59 JAG Corps
14:02 The Accession Process
15:00 The Medical Screening Process
15:48 Duty Station Assignment
17:14 Preparing for the Direct Commission Officer Course
19:02 Reporting to Fort Benning
19:48 Preparing for Army physical fitness standards
21:04 End of Part One
For more information related to FCD you can follow us on Twitter @jagfcd or by visiting our webpage. If you have recommendations or suggestions about future topics or guests, please send us an email, or you can leave us a comment by signing in below. Finally, if you like what you hear, please leave us a review on iTunes and subscribe to "Battlefield Next" on your favorite podcast app. While this is a podcast created by US Army Judge Advocates from Future Concepts Directorate, our goal is to reach other judge advocates and lawyers across the DoD, law students, and members of academia. Your reviews help make this possible.
For more information about the US Army JAG Corps, you can go here. If you’re interested in joining the Army JAG Corps, you can get more information by contacting the Judge Advocate Recruiting Office (JARO) or by visiting their webpage.
*Music by Joseph McDade
**The views expressed on the podcast are the views of the participants and do not necessarily represent those of The Judge Advocate General’s Legal Center and School, the Army, the Department of Defense, or any other agency of the US Government.
Mar 22, 2020
Episode 3: Interview with Mr. Fred Borch
29:57
On today’s podcast we have an interview with Mr. Fred Borch about the historical events that shaped the practice of operational law by judge advocates into the robust practice area we know it as today: national security law.  Mr. Borch is a Professor of Legal History and Leadership at The Judge Advocate General's Legal Center and School where he also holds the title of Regimental Historian and Archivist.
The episode begins with Mr. Borch providing a historical backdrop about the role of lawyers in the Army from the earliest days of General George Washington's Continental Army. The discussion also addresses the infamous Mai Lai Massacre and how this event served as a catalyst for change in a judge advocate's role in operational settings.
Below is a timeline of some of the subject-areas discussed during the episode:
00:00 Episode introduction
01:10 Early role of lawyers in the Army
03:15 Impact of Mai Lai Massacre
04:29 Peers Inquiry criticized Army JAGC
12:04 Impact of Operation Urgent Fury (Grenada) - the wake up call
15:27 Impact of Operation Just Cause (Panama)
16:40 Transformation of operational law practice during Desert Shield / Desert Storm
21:40 Operational law practice after 9/11
24:42 Book recommendations
29:19 Closing remarks
 If you’re interested in learning more about some of the topics covered during this episode, we recommend the following additional reading and resources:
"Rule of Engagement for Land Forces: A Matter of Training, not Lawyering" by then-MAJ Mark S. Martins
"Judge Advocates in Combat: Army Lawyers in Military Operations from Vietnam to Haiti" by Fred Borch
 
Mr. Borch's Book Recommendations:
"Implacable Foes: War in the Pacific, 1944-1945" by Waldo Heinrichs and Marc S. Gallicchio
"American Slavery, American Freedom", by Edmund S. Morgan 
"The Magicians" by Lev Grossman
For more information related to FCD you can follow us on Twitter @jagfcd or by visiting our webpage. If you have recommendations or suggestions about future topics or guests, please send us an email, or you can leave us a comment by signing in below. Finally, if you like what you hear, please leave us a review on iTunes and subscribe to "Battlefield Next" on your favorite podcast app. While this is a podcast created by US Army Judge Advocates from Future Concepts Directorate, our goal is to reach other judge advocates and lawyers across the DoD, law students, and members of academia. Your reviews help make this possible.
For more information about the US Army JAG Corps, you can go here. If you’re interested in joining the Army JAG Corps, you can get more information by contacting the Judge Advocate Recruiting Office (JARO) or by visiting their webpage.
*Music by Joseph McDade
Jan 13, 2020
Episode 2: Interview with Professor Claire Finkelstein of the University of Pennsylvania Law School
23:49
On today’s podcast, we have an interview with Professor Claire Finkelstein from the University of Pennsylvania Law School. Professor Finkelstein is the founder and director of the Center for Ethics and Rule of Law at University of Pennsylvania Law School. MAJ Wellemeyer had the opportunity to sit down with Professor Finkelstein at the conclusion of the Ethical Challenges in the Development of New Weaponry symposium that occurred earlier this fall. During the conversation, Professor Finkelstein explains why she founded the Center for Ethics and the Rule of Law, but the majority of the interview is spent discussing topics related to artificial intelligence, including: the intersection of AI and cyberwarfare, the issues with AI and legal accountability, and what judge advocates and national security law practitioners can do to navigate this rapidly evolving area of technology and the law. To listen to the interview, you can do so on your desktop here, or by typing “Battlefield Next” into the search field of your favorite podcast app.
Given our limited time, our conversation covers a small fraction of the legal, ethical, and moral issues that surround AI on the battlefield. Currently, national security law practitioners are grappling with how AI will impact the Law of Armed Conflict. For example, how does the use of AI on the battlefield affect the principles of distinction and proportionality? Does it matter whether a weapons system is defensive, offensive, semi-autonomous, or fully autonomous? What are the implications of having human involvement “in the loop” or “on the loop” during the decision-making process? These are some of the issues that BG Patrick Huston, currently serving as the Assistant Judge Advocate for Military Law and Operations, addressed in his December 2018 article, “Future War and Future Law.” For even more detail on these topics, practitioners should also consider reading “Army of None” by Paul Scharre, a book that is referenced in both BG Huston’s article and MAJ Wellemeyer’s interview with Prof. Finkelstein.
More narrowly, national security law practitioners should be familiar with some of the policies pertaining to AI, including the Department of Defense (DoD) Artificial Intelligence Strategy, the Army Artificial Intelligence Strategy Annex, and DoD Directive 3000.09, the DoD policy on Autonomy in Weapons Systems. In his recent article “Are Killer Robots Really Coming? – Legal Considerations from a Hypothetical Application of Department of Defense Directive 3000.09”, LTC Ryan Beery, the current Chief of National Security Law at US Special Operations Command, addresses some of the legal considerations of complying with DoDD 3000.09 through the lens of a future war hypothetical.
Below is a timeline of some of the subject-areas discussed during the episode, along with hyperlinks to further information and resources:
00:00 Episode introduction
02:55 CERL overview
06:55 Intersection of AI and cyberwarfare
13:01 AI and accountability
18:52 Unplanned effects of AI systems
21:05 Advice for JAs and other legal practitioners
23:13 Closing remarks
If you’re interested in learning more about some of the topics covered during this episode, we recommend the following additional reading and resources that have not already been mentioned:
• "Explainable Artifical Intelligence (XAI)" by Dr. Matt Turek, Defense Advanced Research Projects Agency
• "The Law that Applies to Autonomous Weapon Systems" by LTC Jeffrey Thurnher
• "Ghost Fleet: A Novel of the Next World War" by P.W. Singer and August Cole
• "MWI Podcast: Autonomous Weapons and the Next War", Modern War Institute, 30 July 2019
For more information related to FCD you can follow us on Twitter @jagfcd or by visiting our webpage. If you have recommendations or suggestions about future topics or guests, please send us an email, or login below and provide a comment. Finally, if you like what you hear, please leave us a review on iTunes and subscribe to “Battlefield Next” on your favorite podcast app. While this is a podcast created by US Army Judge Advocates from Future Concepts Directorate, our goal is to reach other judge advocates and lawyers across the DoD, law students, and members of academia. Your reviews help make this possible.
For more information about the US Army JAG Corps, you can go here. If you’re interested in joining the Army JAG Corps, you can get more information by contacting the Judge Advocate Recruiting Office (JARO) or by visiting their webpage.
*Music by Joseph McDade
**The views expressed on the podcast are the views of the participants and do not necessarily represent those of The Judge Advocate General’s Legal Center and School, the Army, the Department of Defense, or any other agency of the US Government.
Dec 04, 2019
Episode 1: Interview with General (Ret.) Joseph Votel
15:40
Our first podcast is an interview with General (Ret.) Joseph Votel. General Votel is recently retired from the United States Army after a 39 year career. The last position he held was as the Commander of US Central Command from March 2016 to March 2019. To listen to our interview with General (Ret.) Votel, you can do so on your desktop here, or by typing “Battlefield Next” into the search field of your favorite podcast app.
MAJ JJ Wellemeyer sat down with General Votel following his remarks at the “Ethical Challenges in the Development of New Weaponry” symposium hosted by the Center for the Rule of Law (CERL) at the University of Pennsylvania in September 2019. During his keynote address, General Votel discussed the ethical and moral implications of the evolving nature of warfare, and through the lens of his own personal experiences on the battlefield, he discussed how technological innovations have changed how we fight and how our adversaries do so as well. During the interview MAJ Wellemeyer asked him questions about his keynote address, professional development, leadership, and the qualities that make an effective judge advocate.
Below is a timeline of some of the subject-areas discussed during the episode:
00:00 Episode introduction
01:30 Beginning of interview with General (Ret.) Votel
01:57 Integration of judge advocates in planning/operations process
02:44 Gaining a commander's trust
04:33 Ramifications of a failure in standards
07:07 Professional development
09:58 Advice for JA Graduate Course and JAOBC students
13:46 General (Ret.) Votel's book recommendation
15:03 Closing remarks
If you’re interested in learning more about some of the topics covered during this episode, we recommend the following additional reading and resources:
• "Retiring Gen. Joseph Votel recalls challenges of CentCom, the Middle East" by Howard Altman, Tampa Bay Times
• General (Ret.) Stanley McChrystal's leadership philosophy: "Listen, learn...then lead"
• ADP 6-22, Army Leadership and the Profession
• "Once An Eagle" by Anton Myrer
• TJAG/DJAG Lifelong Learning Reading List
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*Music by Joseph McDade
**The views expressed on the podcast are the views of the participants and do not necessarily represent those of The Judge Advocate General’s Legal Center and School, the Army, the Department of Defense, or any other agency of the US Government.
Oct 23, 2019
Episode 0: Welcome to the Future Concepts Directorate
2:30
Welcome to the first blog of the U.S. Army Judge Advocate General's Corps Future Concepts Directorate (FCD). We are excited to introduce our directorate and the interesting topics FCD will be discussing over the next year and beyond.
The FCD is the JAG Corps’ think tank and is one of four directorates of the Judge Advocate General’s Legal Center located on the campus of the University of Virginia in Charlottesville. Its mission is to serve as the JAG Corps’ focal point on the study of the law of future armed conflict by assessing the legal requirements of the future operational environment. It also reviews Army doctrine on behalf of the JAG Corps, and provides the intellectual foundation to design, develop, and field a globally responsive future JAG Corps.
FCD Mission
The FCD operates along three primary lines of effort: future conflict, doctrine, and strategic initiatives. First, it seeks to be the premier organization within the United States Government on the study of the law of future conflict. We think of this broadly as applying the law of armed conflict to the future operational environment, or LOAC-F. FCD partners or engages with any organization thinking about technology and its applications on the future battlefield. Second, FCD provides timely, ethical, responsive, and purposeful support and analysis to the Army’s doctrine development organizations. Third, FCD provides the same support to the JAG Corps’ own strategic initiatives in order to prepare its legal professionals to support future multi-domain operations.
Resources
Our goal is to make the FCD website a one stop shop for all matters pertaining to LOAC-F with news, analysis, and reports from our experts and partners. The site, found here, will contain links to relevant articles from the field and Academia, frequent blog posts, links to the FCD Podcast entitled “Battlefield NEXT, and news about technology, law, and future warfare.
We will also be highlighting interesting and useful information on The Judge Advocate General’s Legal Center and School’s Lifelong Learning website. Lifelong Learning can be found here and contains noteworthy news, articles, and resources that can be used for professional development.
The FCD will also be providing expanded reading lists that include examples of what our military leaders are reading about the military profession and strategic environment. However, we will also include other works that might seemingly be unrelated to our dual profession, but nevertheless offer different lenses through which we see issues. The objective in this respect is to spark creativity and inspiration in order to see the future more clearly. A few examples of works we are reading right now include Ghost Fleet by P.W. Singer and August Cole, The Light Brigade by Karmen Hurly, Army of None by Paul Scharre, and East West Street by Philippe Sands. We have also been listening to the Podcasts Revisionist History, Hardcore History, Bombshell, and the podcast of the Modern War Institute at West Point.
Regular Blog Posts
Substantive topics we will be attempting to tackle this year will be the use of artificial intelligence, offensive cyber operations, space operations including ground operations in space, autonomous weapons, ultrasonic effects, low yield tactical nuclear devices, emerging biological threats, deep fakes and their dangers to national security, private special operations capable organizations in light of Syria and Crimea, and effects of technology on future civilian populations.
Although there is much discussion about the use of emerging technology on the battlefield, many future conflicts will still bear similar characteristics as present-day conflicts in places like Syria, Libya, and Yemen. Accordingly, we will continue to explore chronic issues in warfare that will likely remain issues in the future including the use of explosive ordnance in urban areas as cities get larger and more densely populated, the continuing unlawful practice of targeting medical personnel and facilities, and accountability mechanisms.
Artificial Intelligence and Autonomous Weapons Systems
Artificial intelligence and autonomous weapons systems offer unique challenges for the future battlefield largely due to the uncertainty about how they will be employed. Accordingly, we will be giving extra emphasis on AI and autonomous weapons. Using the four pillars of the Law of Armed Conflict as his analytical foundation – military necessity, distinction, proportionality, and humanity – COL Jeffrey Thurnher argues that the legal risks associated with autonomous weapon systems can be operationally mitigated. He also states correctly that the “lack of a human to hold accountable does not undermine the lawfulness of the weapon system.”
Nevertheless, a lawful weapon might be used in an unlawful manner, and although the law of armed conflict does not require accountability (the decision to prosecute a suspect is left to prosecutorial discretion, but sometimes required for societal or political reasons), a state may still wish to pursue accountability. Further, the law does require states to be able to control the effects of their weapons. For this reason, methods of war crime accountability must remain an important part of the discussion for fear of eliminating the option to prosecute a war crime due to the lack of an attributable human.
Vulnerability
The use of technology necessarily creates vulnerabilities from technology. Consider this scenario. Sometime in the future, an army deploys a lethal autonomous robot. The opponent, suffering from local tactical overmatch, conducts a cyber-attack on the robot causing it to be unable to distinguish its targets. The robot kills civilians, and the enemy exploits the tragedy by publishing photographs of the aftermath across all manner of social media. Maybe the enemy even exacerbates the situation by publishing photographs that have been enhanced using deep fake technology leading the public to believe the victims were children. Public outrage demands accountability and military leaders conduct an investigation revealing that both the manufacturer and the military knew that this particular weapon system was vulnerable to cyber-attack. Who is responsible? Some of our academic partners, like Dr. Rebecca Crootof at the University of Richmond School of Law, are tackling this very issue.
In 1716, Christopher Bullock wrote in The Cobbler of Preston “Tis impossible to be sure of any thing but Death and Taxes.” Had he written this in the present day, he might also have included “technology that breaks.” It is not a matter of whether technology will malfunction, but when. And when it happens with objects designed to cause destruction, unintended consequences can be catastrophic. International law lacks a criminal negligence mens rea, and the law of armed conflict certainly contains no products liability provision. Will states in the future demand such a regime? Will there be formal dispute settlement mechanisms such as the one outlined in the United Nations Convention on the Law of Sea? Will dispute mechanisms be just for state parties like the International Court of Justice, or will private parties also be able to participate? As a matter of national policy, which states will voluntarily provide compensation for victims, and which states will not? What about inadvertent data spillage by government actors resulting in the public disclosure of private information? Will governments voluntarily allow affirmative claims?
Closer to home, American astrophysicist Neil deGrasse Tyson stated, “once you have an innovation culture, even those who are not scientists or engineers – poets, actors, journalists – they, as communities, embrace the meaning of what it is to be scientifically literate.” The U.S. Army is in the process or re-designing its acquisition system in order to be more responsive to emerging and future threats. Will American military lawyers need to be more scientifically literate and get involved earlier in the research, development, and acquisition process?
The law of future conflict is full of complexities and uncertainties such as these. The FCD will be confronting these issues straight-on in order to prepare the JAG Corps for future conflict. Whether we are discussing warp drives, robot soldiers, or tactical direct energy weapons, no topic is off limits to us and there are no bad ideas. If you have a topic you would like to discuss you can always reach us at usarmy.pentagon.hqda-tjaglcs.list.tjaglcs-doctrine@mail.mil. We look forward to partnering with you and holding interesting discussions.
LTC Matt Krause
Director, Future Concepts Directorate
Charlottesville, Virginia
Oct 21, 2019