The Quill & Sword

In this episode, we review the discovery and disclosure rules under R.C.M. 701 and R.C.M. 703, highlighting the tension between a victim's Fourth Amendment privacy rights in digital evidence and the accused's statutory right to discovery. We examine whether the military judge erred in denying defense access to a complete forensic data extraction of the victim's cell phone when the government held physical possession of the data, but the victim had consented only to a limited, location-related search. We provide key takeaways on the strategic trial application of the harmless error standard, the evolving definition of physical possession in the digital age, and the broader appellate trajectory of balancing Fourth versus Sixth Amendment rights in military courts.



Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.

In this episode, we analyze the overhaul of FAR Part 17, highlighting key
additions such as the explicit codification of reverse auctions and the
removal of the default five-year ceiling on option periods. We also
discuss structural streamlining across the subparts, the relocation of
procedural best practices to the non-regulatory FAR Companion, and
the broader policy shift toward judgment-based procurement practices.
Learn more about The Quill & Sword series of podcasts by visiting our podcast
page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show
includes featured episodes from across the JAGC, plus all episodes from our
four separate shows: “Criminal Law Department Presents” (Criminal Law
Department), “NSL Unscripted” (National Security Law Department), “The FAR
and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg”
(Administrative & Civil Law Department). Connect with The Judge Advocate
General’s Legal Center and School by visiting our website at
https://tjaglcs.army.mil/

In this episode, we explore the major shift in FAR Part 16 from a restrictive to a permissive regulatory philosophy, as well as the new agency justification requirements for non-fixed-price contracts introduced under Executive Order. We also break down key structural reorganizations across the subparts and highlight new acquisition flexibilities, including establishing BPAs under IDIQ contracts and the formal codification of vendor on-ramps and off-ramps.
Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.

In this episode, we unpack the massive revamp of FAR Part 13, which completely strips out commercial clutter to focus strictly on simplified procedures for non-commercial acquisitions. We discuss operational updates for contracting officers, including the migration of payment clauses to Part 32, the transition to a dynamic online list of inapplicable laws, and the strict new legal distinction between canceling an unaccepted purchase order versus terminating an accepted one.
Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.

In this episode, we examine FAR Part 9, explaining how major sections—including pre-award surveys and contractor team arrangements—have been removed from codified regulation and relocated to the non-regulatory FAR Companion Guide. We also detail core retained statutory standards updated for plain language, along with critical new administrative rules that make non-compliance a direct trigger for suspension or debarment proceedings.
Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.