Philip D. Cave

I travel the world representing U.S. military personnel and their families in court-martial trials, adverse administrative actions, and security clearance appeals. I am ready, able, and willing to travel to anywhere there is a U.S. military facility for representation. I come prepared with my office-in-a-briefcase. For example, I was the first civilian lawyer to travel to Iraq in October 2003, for trials, and I have been back to Iraq and to Afghanistan seven times since.

I am President, the National Institute of Military Justice, a non-profit organization dedicated to education about and advocacy for a fair military justice system.

I frequently consult with the media: T.V., radio, print.

The George Washington University Law School

LL.M. | Criminal Law

1987 - 1988

Joint Forces Staff College - National Defense University

Diploma (1982)

1982

Case Western Reserve University School of Law

J.D. | Law

1976 - 1979

Wright State University

B.A. | Political Science

1973 - 1976

Honors: Summa cum laude

Sole Practitioner

The Law Office of Philip D. Cave

2000 - Current

Judge Advocate

U.S. Navy

1980 - 2000

Constable/Cadet

Metropolitan Police, London, England

1965 - 1972

Wrangling Over Khadr's Counsel Shows Discretionary Power of Military Judges

JURIST

How Public of a Trial: US v. Bradley Manning

JURIST Sidebar

2012

Mental State May Play Pivotal Role in Afghan Shooting Trial

JURIST

2012

Court-Martials and the Media, ABA Annual Conference

Continuity and Change in Military Justice, London Conference

National Institute of Military Justice

Military Law Reform: Cox Commission

National Institute of Military Justice

Military Law and Media, Military Editors & Reporters Conference

Sexual Assault in the Military: Fixing a Broken System: Rape and Sexual Assault in the Military

Hastings University Law School

Virginia State Bar

Member

Current

National Association of Criminal Defense Lawyers

Member

Current

Federal Bar Association

Member

Current

Virginia Association Criminal Defense Lawyers

Member

Current

Phi Alpha Delta Law Fraternity, International

Member

Current

District of Columbia

Since 2000

Ohio

Since 1979

Virginia

Since 2000

Federal Circuit

Since 2000

U.S. Court of Appeals for the Armed Forces

Since 1982

U.S. Court of Federal Claims

Since 2001

U.S. District Court Eastern District of Virginia

Since 2000

U.S. Supreme Court

Since 1992

• Free Consultation
• Credit Cards Accepted

Military Law

Veteran's Benefits

Appeals & Appellate

Civil Appeals, Federal Appeals

• Court-Martial trials
• Discharge proceedings
• Security Clearance appeals

Q. Each member of the Military swear an indivdual oath to "Protect and Defend the Constitution against all enemies, foreign

7 April 2015

A: The taking of the oath. From then on you are committed to protect and defend THE CONSTITUTION of the US, not the flag, not the country, not the President, but the founding document upon which the American form of democracy is based upon.

Q. Field grade article 15 for positive UA of THC, doesn't smoke but have been around in-laws that are heavy smokers

5 April 2015

A: The issue of testing positive due to being around those who smoke marijuana has been studied extensively. There is no credible research to support the idea that a person can test positive from being around family members who smoke marijuana. This has been tried and litigated in courts-martial over the years without success. The best approach is to do what we all do with these cases. Review the lab results and tests in great detail, preferably with the help of a forensic toxicologist. They will help you identify possible testing errors. I had one some years ago where the client was a woman, but the sample had male DNA in it - a case of contamination. In others, we have found contamination at the time of collection and storage. Difficult cases to challenge.

Q. Is it legal for signed military doccuments to not be sent up the chain of command?

2 April 2015

A: If you are facing a DD, that means you are pending general court-martial for some serious allegations. Yes, an administrative elimination can be stopped if he intent is to conduct a court-martial or other disciplinary action. If instead of a GD they are now seeking an OTH, then you should speak with the local military defense counsel for advice on contesting at a Board hearing, etc. They can represent you for free.