PODCAST · government
Military Justice Today
by Robert Capovilla and Mickey Williams
Hosted by Robert Capovilla and Mickey Williams covering the full range of military law topics from all branches of the Armed Forces. Made possible in part by the law firm of Capovilla and Williams. Learn more at: www.MilitaryJusticeToday.com
Episodes
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Blackout, Not Asleep: Beating a Sexual Assault Allegation at a Board of Inquiry
This case study episode follows one officer’s year-long fight to clear his name. After a night out during a career course, a fellow officer accused him of touching her while she slept. Dan Higgins explains why the defense argued she was blacked out rather than asleep. He covers what alcohol does…
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The Clancy Mistrial and Non-Unanimous Verdicts in the Military
The Lindsay Clancy murder trial ended in a mistrial after a single juror refused to join the other eleven in finding her not guilty by reason of lack of criminal responsibility. In a court-martial, that same 11–1 split would have produced a final verdict, not a mistrial. In this solo episode,...
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Rangers, Snipers, and Green Berets: Grading the Military's Toughest Schools
In this episode of MJT, Partner Dan Higgins talks with fellow founding partner and former 75th Ranger Regiment member Mickey Williams about the hardest schools in the military. They rank Ranger School, Special Forces Assessment and Selection, Sniper School, and Airborne School by misery,...
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Inside Attempted Murder Trial: Self-Defense, Cross-Examination, and a Full Acquittal
In this episode of MJT, Partner Dan Higgins talks with fellow founding partner Mickey Williams about a court-martial they tried together — an attempted murder case that ended in a full acquittal. They walk through the case from the initial incident through trial strategy, the self-defense legal...
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Six Months Into the Iran War: What It Means for Our Troops
In this episode of MJT, Partner Dan Higgins interviews Founding Partner Mickey Williams about six months into the war with Iran, covering the century of U.S.-Iran history behind the conflict, the technology reshaping modern warfare, the strategic questions facing the current administration, and...
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Defending Against Domestic Violence Charges in the Military
In this episode of MJT, trial attorneys Robert Capovilla and Dan Higgins discuss domestic violence cases in the military. Topics include how cases are prosecuted and defended under the current system, the impact of false allegations, and the biggest mistakes defendants make when facing charges.
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How Things Have Changed Under the Office of Special Trial Counsel
In this episode of MJT, military trial attorneys Robert Capovilla and Lacey Parham discuss the impact OSTC has had on the court-martial process. Topics include the volume of cases, conviction rates, plea agreements, prosecution and defense counsel strategies, and other related issues.
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Former Army CID Investigator Kevin Bickford Visits the Show
In this episode of MJT, attorney Robert Capovilla interviews former Army CID and current private investigator Kevin Bickford about a wide range of topics including the CID investigation process, preserving evidence, alleged victim and accused interview techniques, and why an independent...
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BAH Fraud Cases in the U.S. Military: Common Examples, Charges and Defenses
In this episode of MJT, Capovilla & Williams partners Robert Capovilla and Dan Higgins discuss Basic Allowance for Housing (BAH) fraud cases in the military. Topics include conduct that can get service members in trouble, how prosecutors typically bring charges, and proven strategies employed by...
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Marine Corps Military Justice: Culture, Process, Charges, and Strategies
In this episode of MJT, former Marine Corps trial attorney and Capovilla & Williams lawyer Dominic Giordano discusses the Marine Corps justice system, including topics such as pre-trial confinement, hazing and maltreatment, and keys to winning court-martial cases.
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Capovilla & Williams Today... and Plans for the Future
In this episode of MJT, Capovilla & Williams partner Robert Capovilla gives an inside look at the law firm he founded with his partner and best friend, Mickey Williams. Topics include the current team, practice areas, unwavering commitment to the mission, and plans for the future.
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Admitting Prior Conduct in Military Sexual Assault Cases
In this episode of MJT, military trial attorneys Robert Capovilla and Brad Simon discuss U.S. v. St. Jean, including the admissibility of prior and subsequent sexual conduct between alleged victims and defendants in military criminal cases.
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Criminal Publication of Explicit Content Under the UCMJ
In this episode of MJT, military trial attorneys Robert Capovilla and Dominic Giordano discuss the UCMJ sections dealing with the sharing of sexual photos and videos without permission, including Articles 117(a), 120(c), and 134.
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Federal Employment Law: Legal Issues Impacting U.S. Government Workers
In this episode of MJT, retired Air Force Colonel and JAG Chris Jones joins Robert Capovilla to discuss the nuts and bolts of federal employment law, including common types of cases, remedies and options available to employees, pitfalls to avoid, and recommendations for protecting your rights and...
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Army Regulation 15-6 Investigations: A Complete Analysis by Real Pros
In this episode of MJT, military attorneys Rob Capovilla and Josh Conklin discuss the AR-15 process from start to finish, including the initial investigation, rights of the accused, potential punishment, and strategies for fighting back.
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U.S. Coast Guard Military Justice: How It Differs from the Other Military Branches
In this episode of MJT, former Army Rangers and military trial lawyers Mickey Williams and Dan Higgins discuss how the Coast Guard handles separation boards and other criminal justice matters, including some surprising issues related to due process and fairness.
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Most and Least Realistic Military Movies: Former Army Rangers Give Their Opinions
In this episode of MJT, former Army Rangers and combat Veterans Mickey Williams and Dan Higgins make their cases for the most and least realistic military movies. You don’t want to miss this one.
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Military Rule of Evidence 608: Application, Examples, and Real-World Nuggets for Success
In this episode of MJT, attorney Robert Capovilla discusses the most important aspects of Military Rule of Evidence 608, including trial examples, potential pitfalls, and best practices for success in high-stakes litigation.
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Sexual Harassment in the U.S. Military: Law, Application, Defense Strategies
In this episode of MJT, attorneys Robert Capovilla and Sean Flood discuss sexual harassment laws in the military, including specifics on how it’s being applied, defense strategies for when accusations are made, and advice for avoiding problems while serving on active duty.
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Arguing Consent in Sexual Assault Cases: Analysis of U.S. v. Mendoza
In this episode of MJT, attorneys Rob Capovilla and Brad Simon discuss issues of consent in military sexual assault cases in light of the new CAAF case, U.S. v. Mendoza. Topics include capacity, charging, notice, due process, and defense strategies
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Peer Review Boards for Military Healthcare Providers
In this episode of MJT, attorney Robert Capovilla discusses medical peer review boards in the military, including the process, challenges, and defense strategies related to misconduct or breach of care allegations against doctors, nurses, and other healthcare providers.
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Best-Selling Author Dr. Patrick Morley Joins the Show
In this episode of Military Justice Today, Dr. Patrick Morley, best-selling author, Veteran, and faith leader discusses his new book, From Broken Boy to Mended Man, as well as several key principles for identifying and working through personal suffering.
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An Innocent Army Officer’s Fight for His Life
In this episode of MJT, a former Army Officer and client of Capovilla & Williams tells his story of being falsely accused of sexual assault. Topics include the process he went through from notification to final disposition, the fight over exculpatory evidence, and his advice to others in a…
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Digital Forensics Expert Kevin Peden Joins the Show
In this episode of Military Justice Today, Kevin Peden - one of the country’s top digital forensics experts - discusses the most important issues regarding the storage, accessibility, collection, and utilization of digital evidence in today’s high-stakes military and civilian cases.
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An Interview with Matthew Lohmeier
In this episode of Military Justice Today, attorney Robert Capovilla interviews former Space Force Lieutenant Colonel Matthew Lohmeier about his best-selling book, Irresistible Revolution: Marxism’s Goal of Conquest & the Unmaking of the American Military, as well as his opinions about the impact...
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An Interview with John Correia from Active Self Protection
In this episode of MJT, attorneys from C & W interview John Correia about his background and passion for self-defense as well as some key factors in determining whether a use of force is justified. The show closes with a discussion about John’s commitment to spiritual fitness and giving back to…
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Did Governor Walz Commit False Valor
Army Rangers Mickey Williams and Daniel Higgins discuss the controversy over Governor Walz's military service. In this episode they discuss his proper rank, deployment history (or lack thereof), and the potential misleading statements he made about his record.
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Former U.S. Army Sniper Discusses Trump Assassination Attempt
In this episode of MJT, former Army Ranger and Sniper Team Leader Dan Higgins - who was assigned to Saddam Hussein’s protective detail during his trial - discusses the Trump assassination attempt from the perspective of a counter-sniper.
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Answering Listener Questions
In this episode of MJT, attorney Robert Capovilla answers listener questions about media coverage in high-profile military cases, the new Office of Special Trial Counsel, what defines the best military law attorneys, and reconciling issues of faith and criminal defense work.
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Military Rules of Evidence - 100 Series
In this episode of MJT, attorney Robert Capovilla discusses three important sections from the Military Rules of Evidence, including strategies for identifying relevant issues and arguing them to the judge.
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The Rights of the Accuser and Accused in Sexual Assault Cases
In this episode of MJT, attorneys Rob Capovilla and Brad Simon discuss the rights of the accuser and accused in military sexual assault cases as well as their thoughts on the Army’s response to recent criticism on the issue.
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Admitting Prior False Allegations in a Court-Martial Trial
In this episode of MJT, attorneys Rob Capovilla and Dan Higgins discuss the process of admitting prior false allegations of sexual assault made by an accuser in a court-martial trial, including the firm’s latest full acquittal of an innocent military service member.
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The Court-Martial Process from a Parent’s Perspective
In this episode of MJT, attorney Robert Capovilla and his former client’s father discuss what it’s like to go through the court-martial process as a loved one as well as the defense attorney. Topics include everything from the initial call from the jail to pre-trial proceedings to the final verdict.
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Giving Back to the Community and Supporting Veterans
In this episode of MJT, Rob Capovilla and Mickey Williams talk about what motivates their team to give back to the community and organizations that support military service members and their families. (And the guys weigh-in on their toughest movie action heroes.)
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The Removal of BG Warren Wells from the OSTC
In this episode of MJT, attorneys Rob Capovilla and Mickey Williams discuss the recent removal of Brigadier General Warren Wells from the Office of Special Trial Counsel, including their thoughts on the message it sends to all participants in the military justice system.
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Long Overdue Changes that Should Be Made to the U.S. Military Justice System
In this episode of MJT, attorneys Robert Capovilla and Robby Morris cover the biggest problems with today's military justice system and steps that should be taken to ensure justice for everyone involved in courts-martial, separation boards, and other military law matters. (And a little bit of...
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Guest: Interview with Military Fitness Expert Stew Smith
In this episode of MJT, former Navy SEAL and fitness expert Stew Smith gives his recommendations for excelling both physically and mentally in the most demanding military and first responder careers.
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Robert Capovilla Answers the Tough Questions
In this episode of MJT, attorney Robert Capovilla spends time on the hot seat answering the toughest questions from our moderator as well as listeners. Topics include how it feels to lose a case, why he is critical of prosecutors, and how 911 influenced his decision to join the Army.
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Guest: Former Military Judge Troy Smith Discusses Philosophy and Best Practices
In this episode of MJT, former military judge Troy Smith discusses his philosophy on trial practice as well as strategies and techniques for litigating high-stakes military criminal cases. Topics include voir dire, opening statement, witness examination, and closing argument.
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Analyzing Media Coverage of Sexual Assault in the Military
In this episode of MJT, attorney Robert Capovilla discusses how the media covers the issue of sexual assault in the military, including premature conclusions about recent changes to the system and the absence of emphasis on the rights of the accused.
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The New York City Subway Self-Defense Case: An Analysis
In this episode of MJT, attorney Robert Capovilla takes a deep dive into the legal, moral, and political aspects of the Daniel Penny self-defense case.
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National Defense Authorization Act Update with David Schlueter
In this episode of MJT, former JAG and professor of law Dave Schlueter joins the show to discuss changes set forth in the 2022 and 2023 NDAA, including the role of the commander, creation of the Special Trial Counsel, sentencing, and other hotly debated topics.
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Examining Recent Leaks of Classified Military Information
In this episode of MJT, the attorneys from Capovilla & Williams are joined by Jonathan Lehrfeld, reporter for the Military Times and host of the Early Bird Brief Podcast, to discuss recent leaks of classified material as well as issues related to media coverage, protection of sensitive...
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The Capovilla & Williams Mission and Core Values
In this episode of MJT, attorneys Robert Capovilla & Mickey Williams share their law firm’s mission statement as well as the principles that guide their work on behalf of clients facing extraordinarily difficult legal issues.
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Military Court Martial Process
In this episode of MJT, former JAG Officers and military defense attorneys Robert Capovilla and Mickey Williams discuss the court-martial process in its entirety, including getting Flagged, Preferral, Referral, Article 32 Hearing, Arraignment, Article 39 Hearing and Trial. Topics include…
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Defending Against Military Letters of Reprimand (GOMOR)
In this episode of MJT, attorneys Robert Capovilla, Mickey Williams, and Sean Flood discuss the issue of military letters of reprimand including the overall process, potential defenses, and future implications for service members who receive them.
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Defending Against Drug-related Charges in the U.S. Military
In this episode of MJT, attorneys Rob Capovilla, Mickey Williams and Dan Higgins discuss all aspects of military drug cases, including the process, potential defenses and short and long-term implications for the accused service member.
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Closing Arguments in Military Sexual Assault Cases
In this episode of MJT, attorneys Robert Capovilla and Mickey Williams discuss best practices, challenges, and interesting stories from their experiences giving closing arguments in high-stakes military sexual assault trials.
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Best and Worst U.S. Military Bases to Live and Visit
Best and Worst U.S. Military Bases to Live and Visit In this lighthearted episode of MJT, military attorneys Robert Capovilla and Mickey Williams share their favorite and least favorite military installations to be stationed at and visit as well as stories from their active-duty days and cases as...
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Cross-examination of an Accuser in a Sexual Assault Trial
In this episode of MJT, experienced trial attorneys Robert Capovilla and Mickey Williams discuss the difficult task of effectively cross-examining an alleged victim in a military sexual assault trial. Topics include pre-trial preparation, demeanor, impeachment, and uncovering other exculpatory...
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ABOUT THIS SHOW
Hosted by Robert Capovilla and Mickey Williams covering the full range of military law topics from all branches of the Armed Forces. Made possible in part by the law firm of Capovilla and Williams. Learn more at: www.MilitaryJusticeToday.com
HOSTED BY
Robert Capovilla and Mickey Williams
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