LTC Vindman's Case

Army judge advocate Lieutenant Colonel Dan Maurer, a West Point faculty member writing in his personal capacity, has a fine essay on Lawfare concerning the civil-military relations and military justice aspects of LTC Alexander S. Vindman's compliance with a congressional subpoena in the impeachment investigation. Excerpt:

When the conduct of an officer is entangled with a long-standing quarrel between two political branches flexing their respective constitutional authorities, the question of what applied justice looks like is determined both by how Congress has defined a generally applicable criminal sanction and what factors the president has directed his military leaders to consider in any case. The “even-handed administration of the law,” as the president’s own court-martial prosecution guidance says, should consider the “nature, seriousness, and circumstances of the offense and the accused’s culpability.” The dynamics of the civil-military relationship, set against the backdrop of a true separation of powers crisis, characterize the nature and seriousness of the incident and provide the relevant circumstances to frame Vindman’s conduct—along with any legal response.

Honk if you would represent LTC Vindman pro bono if anyone got on his case.