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
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- Joint Forces Staff College - National Defense University
- Diploma (1982)
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- Case Western Reserve University School of Law
- J.D. | Law
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- Wright State University
- B.A. | Political Science
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- Honors: Summa cum laude
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- Sole Practitioner
- The Law Office of Philip D. Cave
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- Judge Advocate
- U.S. Navy
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- Constable/Cadet
- Metropolitan Police, London, England
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- Wrangling Over Khadr's Counsel Shows Discretionary Power of Military Judges
- JURIST
- How Public of a Trial: US v. Bradley Manning
- JURIST Sidebar
- Mental State May Play Pivotal Role in Afghan Shooting Trial
- JURIST
- 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
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- National Association of Criminal Defense Lawyers
- Member
- Current
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- Federal Bar Association
- Member
- Current
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- Virginia Association Criminal Defense Lawyers
- Member
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- Phi Alpha Delta Law Fraternity, International
- Member
- Current
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- District of Columbia
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- Ohio
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- Virginia
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- Federal Circuit
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- U.S. Court of Appeals for the Armed Forces
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- U.S. Court of Federal Claims
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- U.S. District Court Eastern District of Virginia
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- U.S. Supreme Court
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- Free Consultation
- Credit Cards Accepted
- Military Law
- Veteran's Benefits
- Appeals & Appellate
- Civil Appeals, Federal Appeals
- Court-Martial trials
- Discharge proceedings
- Security Clearance appeals
- English: Spoken, Written
- Spanish: Spoken
- Q. Each member of the Military swear an indivdual oath to "Protect and Defend the Constitution against all enemies, foreign
- 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
- 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?
- 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.