Supreme Command The "Unequal Dialogue" of Civil-Military Relations
By Major Bradan T. Thomas
| Army Lawyer, 2026
Issue #1
Read Time:
< 19 mins
War, therefore, is an act of policy. Policy, then, will permeate all
military operations, and, in so far as their violent nature will admit, it
will have a continuous influence on them. It is clear, consequently, that
war is not a mere act of policy but a true political instrument, a
continuation of political activity by other means.1
The American institution has long been cognizant and conscious of both the
import and impact of civil-military relations in our democracy. From the
Declaration of Independence2
and the Constitution3
to modern legislation,4
jurisprudence,5
and policy,6
our national framework provides consistency in its insistency on civilian
control of the military. Though such civilian supremacy is well accepted
and affirmed,7
views diverge sharply on exactly how involved elected civilians should be
in military matters.8
Departing from Samuel Huntington’s “normal” theory of civil-military
relations, Eliot Cohen’s
Supreme Command: Soldiers, Statesmen, and Leadership in Wartime9
contributes to contemporary discourse by offering a timeless, and
timely,10
exploration of the tenets and tensions of wartime civil-military
relations.
Artfully presented through the extraordinary triumphs of four war
states-men—American President Abraham Lincoln, French Premier Georges
Clemenceau, British Prime Minister Winston Churchill, and Israeli Prime
Minister David Ben-Gurion—and their impactful modes of directive,
communicative, and probing leadership, Cohen argues that Huntington’s
“normal” theory (that is, a professionalized military thrives when
insulated from politics and “subjective civilian control”)11
is as flawed as it is frustrated. Indeed, the preponderance of
Supreme Command’s chapters showcases the efficacy of involved,
invested, and ingrained civilian control of military matters—a practice
that challenges the normative view that Cohen argues is perhaps overly
deferential to military decision-making.12
In breaking from Huntington’s long-held theory, Cohen posits that the
continuous discussions between civilian and military leaders during war
are necessarily “unequal dialogues.”13
This simple phrase encapsulates a powerful two-part concept that upends
tradition: ongoing discourse between the soldier14
and the statesman is paramount in responsible wartime decision-making, and
the authority to make such wartime decisions unambiguously and
unquestioningly lies with the statesman (informed, of course, by the
advice and counsel of the soldier).15
Through its multinational quartet of political paragons,
Supreme Command deftly expounds on our Nation’s bedrock principle
of civilian control of the military,16
offering critical food for thought for all who live in and cherish a
democracy.
Though steeped in historical examples, the substance of
Supreme Command is as relevant now as ever to both civilian
policymakers and military practitioners. Its coverage is especially
applicable for today’s judge advocates (JAs), who often find themselves
operating at the tripartite intersection of law, policy, and practice.17
Just as mastery of the law is non-negotiable for members of our Corps, so
too is a foundational understanding of the legal landscape in which they
practice, including how it informs their ability to provide principled
counsel.18
Cohen’s invaluable contextualization of the arena in which JAs practice
makes Supreme Command a must-read for all.
Huntington Sets the Stage
The “normal” view of modern civil-military relations that Cohen challenges
emanates primarily from Huntington’s seminal book entitled The Soldier and
the State: The Theory and Politics of Civil-Military Relations.19
Published in 1957, Huntington’s widely accepted position espouses a deep
preference—indeed, a convictional reverence—for “objective civilian
control” of the military, at the heart of which “is the recognition of
autonomous military professionalism.”20
Such professionalism, Huntington argues, is characterized by expertise,
responsibility, and corporateness.21
Because the officer corps satisfies these criteria while specializing in
the “management of violence,”22
Huntington asserts that the military should be left alone (that is,
insulated from political matters and civilian meddling) to serve as a
utilitarian tool of the state.
A practical analogue to Huntington’s view of proper civil-military
relations is the relationship between a Soldier facing court-martial and
their detailed defense counsel. In this context, the Soldier personally
makes several major decisions regarding fundamental components of their
trial,23
and the defense counsel is responsible for the tactical and strategic
decisions to achieve the Soldier’s objectives. Guided by Army Regulation
27-26’s Rule of Professional Conduct 1.2(a), the defense counsel “shall
abide by a client’s decisions concerning the
objectives of representation and . . . shall
consult with the client as to the means by which they
are to be pursued.”24
Though the “wide latitude” for strategic and tactical decision-making
afforded to the defense counsel25
falls short of Huntington’s ideal of “autonomous military
professionalism,” the attorney-client dynamic parallels a Huntingtonian
view of the military serving as an independent means to effectuate
civilian policy.
While the symbiotic relationship between an accused and their defense
counsel approaches the “normal” theory of civil-military relations, one
cannot ignore the import of the context in which that joint enterprise
exists. The defense attorney might very well pay no mind to the
possibilities that an acquittal will further disrupt social circles in the
Soldier’s unit, that an assaultive cross-examination of an alleged victim
will cause them lasting distress, or that they will zealously attack the
arguments of their colleagues across the aisle. This luxury is afforded to
the defense counsel because they work to serve and preserve the interests
of only the particular individual they represent in that particular
case.26
Such simplicity does not exist for a nation’s military or civilian
leaders, who work to serve a complex, complete society that exists in a
globally connected world. The comprehensive, multidisciplinary
ramifications of wartime decision-making inject a level of complexity that
Cohen appreciates and explains in describing what makes a successful
statesman and a workable civil-military dynamic.27
Cohen Steals the Show
In diverging from the established view of civil-military relations,
Cohen’s
Supreme Command posits that civilian political leadership must
engage in an enduringly interactive, almost intrusive role in military
matters.28
Policymakers’ active involvement in the myriad facets, stages, and details
of military planning and action, Cohen asserts, does not so much trample
the might of a military as it does faithfully serve both the democracy
that military supports and the true ends of policy. This necessary
entwinement of civilian policy and, by extension, military execution—which
is not a novel concept, but one gleaned from centuries of warfare and
theory29—requires
-
that political leaders immerse themselves in the conduct of their wars
no less than in their great projects of domestic legislation; that they
must master their military briefs as thoroughly as they do their
civilian ones; that they must demand and expect from their military
subordinates a candor as bruising as it is necessary; that both groups
must expect a running conversation in which, although civilian opinion
will not usually dictate, it must dominate; and that that conversation
will cover not only ends and policies, but ways and means.29
Four exemplary case studies exemplify these principles, proving in various
wartime contexts, political climates, and geographical regions that the
active statesman succeeds through “querying, prodding, suggesting,
arbitrating, and on rare occasions ordering their professional
subordinates.”31
While each of Cohen’s subjects faced unique challenges in ensuring and
imposing civilian control of military matters, all were united in their
consummate competence in penetrating the veil of military autonomy to
achieve success for their respective nations.
Supreme Command assesses wartime leadership over the course of
nearly a century, during which the world evolved dramatically (going, for
instance, from President Lincoln’s 1860s plight to abolish slavery to
President Harry Truman’s 1948 order32
to desegregate the military). Lincoln desperately sought military leaders
who understood and shared his virtue, vision, and values during the
American Civil War.33
Clemenceau, on the other hand, had to moderate and mediate for two
successful and diametrically opposed generals near the end of World War
I.34
The ever-probing Churchill constantly questioned and spurred action in
others to optimize results throughout World War II.35
And Ben-Gurion completed the Sisyphean task of shepherding his nascent
nation’sunderprepared military force to be one postured to protect the
fledgling state during the Arab-Israeli War of 1948.36
These leaders devoted themselves entirely to their causes and treated
their militaries as a facet of the national security strategies that they
closely controlled, in opposition of Huntington’s preference for an
autonomous military.
Although their challenges differed, each statesman treated his role
similarly and solemnly: “master the details of war,”37
probe and challenge always,38
and remain engaged (and dominant) in the “unequal dialogue.”39
While no statesman studied was a perfect military tactician or
strategist,40
all demonstrated their aptitude for excellence in marshalling vast amounts
and varied types of information, eliciting necessary additional facts and
data, and facilitating optimal results.
As a shining American example, Cohen details Lincoln’s immersion in three
subjects that enabled him to shape the Union’s successful war effort: the
development of magazine-fed rifles (which he personally tested and helped
procure), the bolstering of the transcontinental railroad (which he used
to facilitate logistics for his army), and the advent of the telegraph
(which granted him near omnipresence throughout the country).41
Cohen makes clear that Lincoln’s drive to “master the details of war”
paired with his personal investment in developing and employing new
technologies to form a complete sight picture of the Union’s position,
capabilities, and potential far exceeded what any career military officer
might have had.42
Cohen’s remaining exemplars demonstrated similar focuses on their
respective areas of improvement that are no less impactful than Lincoln’s.
Indeed, each of the four statesmen exemplifies Cohen’s metaphor that he
was more than just the captain of a ship; rather, he was the captain at
the helm of a complex sailing vessel with innumerable intricately
counterbalanced systems while navigating uncharted, uncertain, and
unforgiving seas on a moonless night.43
Unflinching determination and unyielding purpose are among the leadership
traits common to Cohen’s protagonists. Each leader used his military
(through its uniformed leaders) to assist in accomplishing his policy
goals, ensuring great oversight to guarantee that all military action fit
into the political landscape of the day. With great conviction, each
leader devoted every part of himself to his purpose, going so far as
employing “ruthlessness” to achieve the task at hand.44All four statesmen’s ultimate dedication to purpose and willingness to
engage in, and dominate, the “unequal dialogue” set them apart from
unremarkable and unsuccessful leaders.45The actions and tactics of these four men form the core of Cohen’s theory
that an informed, invested politician who unyieldingly seeks an optimal
end state is best suited to make wartime military decisions.
Conclusion
Transcending time, culture, and conflict, generations of civilian
philosophers46
and military theorists47
have pondered the ideal allocation of authority between civilian leaders
and military executors. As illuminating as it is informative, Supreme
Command contributes to the conversation by explaining the presupposition
of “normal” civil-military relations, offering a cogent counter, and
thoughtfully supporting its position with objectively successful
historical demonstrations by renowned world leaders. JAs stand to benefit
from analyzing Cohen’s work, as discussion continues today on the
unsettled subject of civil-military relations48
To concretize the influence of civil-military relations on the modern
practice of military law (and thus the prudence of its study), one need
look no further than the National Defense Authorization Acts for Fiscal
Years 202249
and 2023,50
which jointly implemented sweeping, reformative changes to the military
justice system. Through the establishment of the Office of Special Trial
Counsel,51
civilian-borne changes have tempered commanders’ authority to administer
military justice in the most serious of cases—an issue of first impression
and significant concern for many of today’s commanders.52
Despite this fundamental change to the long-established practice of
commander-driven disciplinary authority, the Armed Forces have fully
committed to its implementation as good stewards of the principle of
civilian control of the military.
While commanders expect their command counsel to explain the letter of the
law, they will undoubtedly appreciate the coexistent ability to provide
the underlying basis, background, and context for such changes. Because
this necessarily requires an understanding of civil-military relations and
the “unequal dialogue” that governs, JAs should start (or continue) their
study with Supreme Command’s meaningful message. Understanding and
internalizing its arguments will enable practitioners to “embrace the
challenge of change”53
individually and “be the JAG Corps the Army needs”54
collectively.
Notes
1. Carl von Clausewitz,
On War 87 (Michael Howard & Peter Paret eds. & trans., 1976)
(1832). Current U.S. Army doctrine enshrines Clausewitz's view,
providing that "[a]ll U.S. military operations share a common
fundamental purpose—to achieve specific objectives that support
attainment of the overall political purpose of the operation . . . set
by national authorities." U.S. Dep't of Army, Doctrine Pub. 6-0, Mission
Command: Command and Control of Army Forces para. 1-6 (31 July 2019).
2. The Declaration of
Independence para. 2 (U.S. 1776) (submitting as a grievance that King
George III had "affected to render the Military independent of and
superior to the Civil power"). For a discussion of civil-military
relations and the Declaration of Independence, see Major Adam T.
Schultz, George Washington and the Establishment of Civil-Military
Relations in Relation to the Declaration of Independence (June 12, 2015)
(M.M.A.S. thesis),
https://apps.dtic.mil/sti/pdfs/ADA623955.pdf
[https://perma.cc/KP7G-KLC5].
3. U.S. Const. art. I,
§ 8 (vesting in Congress the powers to raise, support, and regulate
armed forces); id. art. II, § 2, cl. 1 (empowering the President as
Commander in Chief of the forces Congress raises, supports, and
regulates).
4. In its 1947
restructuring of the U.S. military, creation of the Air Force, and
establishment of the civilian position of Secretary of Defense (now
referred to as the Secretary of War), "it [was] the intent of Congress .
. . to provide for the effective strategic direction of the armed forces
and for their operation under unified civilian control . . . ." National
Security Act of 1947, Pub. L. No. 80-253, § 2, 61 Stat. 495, 496. Such
unified civilian control continues today, with the President appointing
each military secretary "from civilian life." 10 U.S.C. § 113 (civilian
Secretary of War); id. § 7013 (civilian Secretary of the Army); id. §
8013 (civilian Secretary of the Navy); id. § 9013 (civilian Secretary of
the Air Force). To further protect the requirement of civilian control,
secretarial appointees must be at least seven years removed from any
military service. There are, of course, exceptions to this rule, e.g.,
Act of Jan. 22, 2021, Pub. L. No. 117-1, 135 Stat. 3 (excepting
then-Secretary of Defense Lloyd Austin from this temporal requirement),
and arguments against such exceptions, e.g., 167 Cong. Rec. S86–87
(daily ed. Jan. 21, 2021) (statements of Sens. Collins and Van Hollen).
5. See, e.g.,
Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579, 645–46 (1952)
(Jackson, J., concurring) ("The purpose of lodging dual titles in one
man was to insure that the civilian would control the military, not to
enable the military to subordinate the presidential office.").
6. E.g., President
Joseph R. Biden, Jr., National Security Strategy 21 (2021) ("We will
maintain our foundational principle of civilian control of the military,
recognizing that healthy civil-military relations rooted in mutual
respect are essential to military effectiveness.").
7. For an unprecedented
example of such subordination articulated by the Joint Chiefs of Staff,
see Memorandum from Joint Chiefs of Staff to Joint Force, subject:
Message to the Joint Force (12 Jan. 2021) ("As we have done throughout
our history, the U.S. military will obey lawful orders from civilian
leadership . . . and remain fully committed to protecting and defending
the Constitution of the United States against all enemies, foreign and
domestic.").
8. See, e.g.,
Lieutenant Colonel Kevin F. Krupski, Who's the Boss? Defining the
Civil-Military Relationship in the Twenty-First Century, Mil. Rev.,
Jan.–Feb. 2023, at 26.
9. Eliot A. Cohen,
Supreme Command: Soldiers, Statesmen, and Leadership in Wartime (2002).
10. Cohen completed
his manuscript on the heels of the September 11, 2001, terrorist
attacks. Id. at 225. This serendipitously coincided with the United
States' recursion into the Middle East, beginning what some have labeled
"World War IV." Norman Podhoretz, World War IV: The Long Struggle
Against Islamofascism 9–15 (2007).
11. Samuel P.
Huntington, The Soldier and the State: The Theory and Politics of
Civil-Military Relations 80–83 (1957). For Cohen's analysis of
civil-military relations, see Cohen, supra note 9, app.
12. It is noteworthy
that, in focusing on results of decisions past, Cohen forsakes analysis
of the military's robust decision-making processes. Failure to consider
the potential of today's military decision-making processes is error.
For comprehensive coverage of the breadth and depth of military planning
in a joint environment, see Joint Chiefs of Staff, Joint Pub. 5-0, Joint
Planning (1 Dec. 2020) (C1, 1 July 2024).
13. Cohen, supra note
9, at 12, 209.
14. The author adopts
Cohen's use of "soldier" to indicate military leaders generally, noting
that Cohen's analysis applies chiefly to strategic-level senior officers
of all branches of the Armed Forces. Accordingly, the term is not
capitalized.
15. Id. at 209. The
concept of such advice and counsel is deeply embedded in our system of
governance. For example, the Chairman of the Joint Chiefs of Staff is
the principal military adviser to the President and Secretary of War. 10
U.S.C. § 151(b)(1). As a steward of the profession of arms, the Chairman
"reinforces effective civilian control when [he] seeks clarification,
raises questions about second- and third-order effects, and proposes
alternatives that may not have been considered." Ashton Baldwin Carter
et al., To Support and Defend: Principles of Civilian Control and Best
Practices of Civil-Military Relations, War on the Rocks (Sep. 6, 2022),
https://warontherocks.com/2022/09/to-support-and-defend-principles-of-civilian-control-and-best-practices-of-civil-military-relations
[https://perma.cc/7JRB-T57K].
16. E.g., The
Federalist No. 28 (Alexander Hamilton) ("Independent of all other
reasonings upon the subject, it is a full answer to those who require a
more peremptory provision against military establishments in time of
peace, to say that the whole power of the proposed government is to be
in the hands of the representatives of the people.").
17. See, e.g., Dan
Maurer, The Department of Defense's in Extremis Legal Challenges During
Modern Warfare, Arts. of War (Apr. 24, 2024),
https://lieber.westpoint.edu/dod-extremis-legal-challenges-during-modern-warfare
[https://perma.cc/WFN7-KTM9].
18. See U.S. Dep't of
Army, Field Manual 3-84, Legal Support to Operations para. 1-4, 1-2
fig.1-1 (1 Sep. 2023) (defining the U.S. Army Judge Advocate General's
Corps constants as principled counsel, mastery of the law, servant
leadership, and stewardship); Lieutenant General Stuart W. Risch &
Lieutenant Colonel John E. Swords, Lawyers as Leaders: Servant
Leadership and Our Dual Profession, Army Law., no. 2, 2024, at 9, 12
(identifying principled counsel as our Corps's "true north").
19. Huntington, supra
note 11, at 80–94. Interestingly, Cohen spent his formative years
studying under and learning from Huntington, who served as Cohen's
senior honors thesis adviser, doctoral adviser, and lifelong mentor.
Eliot A. Cohen, My Formative Years, Robert Jervis Int'l Sec. Stud. F.
(Dec. 7, 2021),
https://issforum.org/essays/PDF/E395.pdf
[https://perma.cc/4DHD-TSWD].
20. Huntington, supra
note 11, at 83. Much has been written and said about the military as a
profession. E.g., U.S. Dep't of Army, Doctrine Pub. 6-22, Army
Leadership and the Profession ch. 1 (31 July 2019) (C2, 6 Feb. 2025)
[hereinafter ADP 6-22]; Army University Press, On Leadership: The
Profession (YouTube, May 20, 2022),
https://youtu.be/0tKvW1rHMc8
[https://perma.cc/Z823-C3ZS].
21. Huntington, supra
note 11, at 8–12. This position contrasts starkly with Clemenceau's view
that "[t]here is no honor of the army . . . any more than there is an
honor of farmers or cigar sellers. . . . The army is composed of
civilians, clothed in a certain fashion and subordinated to a special
regime for a certain purpose." David S. Newhall, Clemenceau: A Life at
War 195 (1991), quoted in Cohen, supra note 9, at 58.
22. Huntington, supra
note 11, at 11–12. Huntington minces no words in asserting that the
management of violence is reserved to officers specifically while the
application of violence is left to the enlisted who, in his opinion,
"have neither the intellectual skills nor the professional
responsibility of the officer." Id. at 17–18. While Army doctrine
recognizes the unique demands and expectations of its officers, e.g.,
ADP 6-22, supra note 20, para. 1-110 ("Serving as an officer differs
from other forms of Army leadership by the measure of responsibility
attached, and in the magnitude of the consequences of inaction or
ineffectiveness."), the latter portion of Huntington's view is
misinformed, e.g., The Judge Advoc. Gen. & Regimental Command
Sergeant Major, U.S. Army, TJAG & RCSM Sends, vol. 41-17, In
Recognition of National Paralegal Day (23 Oct. 2023) ("The training and
steadfast devotion to continuous self-development exhibited by our
[enlisted] military paralegals and paraprofessionals directly contribute
to mission success. [Enlisted m]ilitary paralegals are highly trained
professionals who are dual-hatted as technical experts and tactical
Soldiers. This unique status requires them to be leaders and people of
action.").
23. These "major
decisions" are case objectives, choice of counsel, forum, pleas, whether
to testify, and settlements. U.S. Dep't of Army, Regul. 27-26, Rules of
Professional Conduct for Lawyers r. 1.2(a) (26 Mar. 2025) [hereinafter
AR 27-26].
24. Id. (emphasis
added). This rule's second comment further clarifies that "a client also
has a right to consult with the lawyer about the means to be used in
pursuing those objectives," but that the lawyer is not required to
pursue objectives or employ means simply because a client may wish that
the lawyer do so. . . . In questions of means, the lawyer should assume
responsibility for technical, legal, and tactical matters, such as which
witnesses to call, whether and how to conduct cross-examination, which
court members to challenge, and what motions to make. Id. cmt. 2. This
parallels Huntington's theory that military leaders should be left to
dictate operations.
25. See, e.g.,
Strickland v. Washington, 466 U.S. 668, 689 (1984) (explaining that no
set of rules can satisfactorily govern a defense counsel's
decision-making, as such a scheme would "restrict the wide latitude
counsel must have in making tactical decisions"); United States v.
Gooch, 69 M.J. 353, 361 (C.A.A.F. 2011) ("This Court 'will not
second-guess the strategic or tactical decisions made at trial by
defense counsel.'") (quoting United States v. Mazza, 67 M.J. 470, 475
(C.A.A.F. 2009)).
26. Compare AR 27-26,
supra note 23, para. 6 (describing an attorney's responsibilities to a
client), with id. r. 1.6(b) (permitting an attorney to reveal
confidential client information for various reasons, including when
defending against a client's allegations against the attorney). While
zealous advocacy is important, so too is stewardship of the profession.
27. Cohen, supra note
9, at 212–15.
28. Id. at 208–11.
29. E.g., Clausewitz,
supra note 1, at 605 ("Is not war merely another kind of writing and
language for thought? It has, to be sure, its own grammar, but not its
own logic.").
30. Cohen, supra note
9, at 206.
31. Id. at 173.
32. Exec. Order No.
9981, 13 Fed. Reg. 4313 (July 28, 1948).
33. Cohen, supra note
9, at 19–21.
34. Id. at 68–72,
76–79.
35. E.g., id. at
118–20.
36. Id. at 148–51.
37. Cohen, supra note
9, at 49. –51.
38. Id. at 12.
39. Id. at 208–09.
Though these tenets might seem as ubiquitous as they are foundational in
modern military decision-making, Cohen dissects what their absence can
produce through his analysis of the Vietnam and Gulf Wars. See id. at
173–207.
40. Acknowledging at
the outset that he is subject to accusations of "hero-worship," Cohen
"makes no apology for not providing a comprehensive account of each
leader's efforts," opting instead to focus on each statesman's warcraft
in the context of civil-military relations. Id. at xii–xiv.
41. Id. at 25–29.
42. Id. at 49–51.
Today's military commanders operate in much of the same way Lincoln did,
skillfully leading and deciding while informed by a myriad of factors,
information, and considerations. "Commanders use the operations process
to drive the conceptual and detailed planning necessary to understand an
operational environment (OE); visualize and describe the operation's end
state and operational approach; make and articulate decisions; and
direct, lead, and assess operations." U.S. Dep't of Army, Field Manual
5-0, Planning and Orders Production para. 1-7 (4 Nov. 2024).
43. Cohen, supra note
9, at 212.
44. See id. at 222–23
(sampling each statesman's "deep, dark streak of willingness to do
terrible things").
45. Cohen explores
those civilian leaders he considers unsuccessful in a chapter entitled
"Leadership Without Genius." Id. ch. 6.
46. Cf. Plato,
Republic 375b–c (C.D.C. Reeve trans.), in Plato: Complete Works 1014
(John M. Cooper & D.S. Hutchinson eds., 1997) (exploring the dual
nature required of "guardians" to be aggressive toward enemies yet
gentle toward civilians and the careful balance they must have in
tempered force) ("Yet surely they must be gentle to their own people and
harsh to the enemy. If they aren't, they won't wait around for others to
destroy the city but will do it themselves first.").
47. E.g., Clausewitz,
supra note 1.
48. Compare, e.g.,
Carter et al., supra note 15 (reviewing, in an open letter penned by
eight former Secretaries of Defense and five former Chairmen of the
Joint Chiefs of Staff, "the core principles and best practices by which
civilian and military professionals have conducted healthy American
civil-military relations in the past—and can continue to do so, if
vigilant and mindful"), with Charles J. Dunlap, Jr., Return to Sender?:
Analyzing the Senior Leader "Open Letter" on Civilian Control of the
Military, 15 Harv. Nat'l Sec. J. 77 (2023) (scrutinizing the open
letter's efficacy).
49. National Defense
Authorization Act for Fiscal Year 2022, Pub. L. No. 117-81, §§ 531–39C,
135 Stat. 1541, 1692–99 (2021).
50. James M. Inhofe
National Defense Authorization Act for Fiscal Year 2023, Pub. L. No.
117-263, § 541, 136 Stat. 2395, 2579–81 (2022).
51. § 531, 135 Stat.
at 1692 (codified as amended at 10 U.S.C. § 824a).
52. See generally
David A. Schlueter & Lisa Schenck, This Is Not Your Grandparents'
Military Justice System, Army Law., no. 2, 2023, at 74 (surveying
Congress's recent military justice reform); David A. Schlueter &
Lisa Schenck, Transforming Military Justice: The 2022 and 2023 National
Defense Authorization Acts, 231 Mil. L. Rev. 1 (2023) (examining the
same in greater detail).
53. The Judge Advoc.
Gen., U.S. Army, TJAG Sends, vol. 42-01, A Message from the 42nd Judge
Advocate General (15 July 2024).
54. The Judge Advoc.
Gen., U.S. Army, TJAG Sends, vol. 43-08, Army Legal Services
Transformation Efforts (24 Feb. 2026).
Author
MAJ Thomas is a student in the Command and General
Staff Officer Course at Fort Leavenworth, Kansas.