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Philip D. Cave

Philip D. Cave

Cave & Freeburg, LLP
  • Military Law, Appeals & Appellate, Criminal Law
  • District of Columbia, Ohio, Virginia
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Biography

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 of 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 in T.V., radio, and print.

Practice Areas
Military Law
Appeals & Appellate
Civil Appeals, Federal Appeals
Criminal Law
Fraud, Internet Crimes, Sex Crimes
Additional Practice Areas
  • Court-Martial Trials
  • Discharge Proceedings
  • Security Clearances
Fees
  • Free Consultation
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
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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Languages
  • English: Spoken, Written
  • Spanish: Spoken
Professional Experience
Partner
Cave & Freeburg, LLP
- Current
Representing military personnel at any U.S. base around the world.
Director
National Institute of Military Justice
- Current
Owner - Sole Practitioner
Court-Martial.Com
-
Judge Advocate
U.S. Navy
-
Constable/Cadet
Metropolitan Police, London, England
-
Education
The George Washington University Law School
LL.M. (1988) | 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. (1979) | Law
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Wright State University
B.A. (1976) | Political Science
Honors: summa cum laude
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Awards
10.0 Superb Rating
Avvo
Client Reviewed (4.9/5.0)
Martindale-Hubbell
Top Contributor Award
Avvo
Client's Choice Award
Avvo
Meritorious Service Medal
U.S. Navy
1994
Southwest Asia Service Medal
U.S. Navy
Kuwait Liberation Medal
U.S. Navy
Defense Meritorious Service Medal
U.S. Navy
Professional Associations
Virginia State Bar
Member
Current
Activities: Military Law Committee
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Phi Alpha Delta Law Fraternity, International
Life Member
Current
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International Society for Military Law and Law of War
Member
Current
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American Bar Association
Member
Current
Activities: Co-Chair, Military Justice Committee, Criminal Justice Section
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American Legion
Member
- Current
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National Institute of Military Justice
Director
- Current
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Bar Association of D.C.
Member
- Current
Activities: Military Law Committee 2007-Current
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Judge Advocates Association
Life Member
- Current
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Publications
Articles & Publications
Military Retiree Court-Martial Jurisdiction: Trials and Tribulations
Journal of National Security Law & Policy, Georgetown Law School (co-published with the Syracuse University Institute of Security Policy & Law).
The Division of Authority Between the Special Trial Counsel and Commanders Under the Uniform Code of Military Justice: Planning Now for the Next Phase of Reform
Lawfare
Can Service Members Fight Taking a Mandatory COVID Vaccine
Military.com
Congress, not the courts, say who has authority to court-martial service members
The Hill
Equal Supreme Court Access for Military Personnel: An Overdue Reform
The Yale Law Journal Forum, vol. 131
How the Military Should Deal with Its Capitol Rioters
The Daily Beast
Military justice reform, “pink courts’ and unit cohesion
The Hill
Retired Servicemembers and Military Justice: Separating Fact from Myth.
Naval Institute Proceedings, U.S. Naval Institute.
How Public of a Trial: US v. Bradley Manning
JURIST Sidebar
Mental State May Play Pivotal Role in Afghan Shooting Trial
JURIST
Wrangling Over Khadr's Counsel Shows Discretionary Power of Military Judges
JURIST
Coram Nobis: A Writ Too Far? Preview of Supreme Court Cases, Paper Chase, ABA
Paper Chase, American Bar Association
Speaking Engagements
Prosecution of military retirees for pre- and post-retirement offenses, Virginia State Bar, Military Law Committee
Military Law for the Not Dumb, Phi Alpha Delta, International (law fraternity)
Ethics of Go-Funding and Similar Financing of Court-Martial Defense Counsel, Town Hall, GMJR to international military lawyers, judges, and advocates
Recommended Changes to the Presidential Executive Order Establishing the Manual for Courts-Martial, DoD Joint Service Committee on Military Justice
Court-Martial of Retired Military Personnel, Texas Bar Association, Military Law Committee
Retiree Courts-Martial, NIMJ Symposium, Georgetown Center on National Security and the Law
Summary Courts-Martial., Military Justice Seminar, Yale Law School
Military Law and Media, Military Editors & Reporters Conference
Fixing a Broken System:Rape and Sexual Assault in the Military, Hastings University Law School
DoD response to military sexual assaults, Testimony before the U.S. Commission on Civil Rights
Mental Health Defenses, The Judge Advocate Generals’ School of the Army, Military Justice Seminar
Military Law Reform, Cox Commission (Cox-II), National Institute of Military Justice
Military Law Reform, Cox Commission (Cox-I), National Institute of Military Justice
Continuity and Change in Military Justice, National Institute of Military Justice, London Conference
Court-Martials and the Media, ABA Annual Conference
Websites & Blogs
Website
Philip D. Cave's Website Profile
Website
The Law Office of Philip D. Cave (& Nathan Freeburg, LLP) Website
Blog
Court-Martial Trial Practice Blog
Legal Answers
21 Questions Answered
Q. Can I apply for benefits and support to move out of the marital home with the kids before I file for divorce?
A: If he is military, he is required by military law to "support his dependents."

Should you move out and you do not have a signed separation agreement, the military mandates that he must pay you a portion of his pay and allowances as support for you and the children pending the divorce. Each service has a different regulation it follows on how much money is to be provided. If he fails to do that he could end up being criminally prosecuted at court-martial. It's in everyone's best interest to work this out.

You are entitled to receive free legal assistance from a Military Legal Assistance Office located on a military base near you. I recommend you go there and talk to them. They are prepared to answer many of your questions.

A military divorce is complicated especially where there is a long term marriage and the military spouse is close to retirement.
... Read More
Q. Need jag advice. I went awol from the army back in ‘09 and I wish to go back to clear my name. What should I do?
A: There are civilian lawyers who can help with this.

Experience shows that a person receives better treatment if they surrender rather than get arrested. 30 days after you left you were declared a deserter and a federal arrest warrant was issued. Mny of my AWOL clients were arrested when they got a traffic ticket.

You can go to any military base or recruiting office and tell them you are there to surrender. The MPs will take it from there.

Depending on how you present your case you may be able to avoid a court-martial prosecution and receive an administrative discharge.
Q. I want to back out of the National Guard what are my options?
A: It may be possible to void your contract. There is a procedure to do that.

I usually recommend you visit this website for more precise advice on how best to do that.

https://girightshotline.org/
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Annotations
Reid v. Covert
U.S. Supreme Court
Carmell v. Texas
U.S. Supreme Court
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Contact & Map
The Law Office of Philip D. Cave
1629 K St NW
#300
Washington, DC 20006
Toll-Free: (800) 401-1583
Telephone: (703) 298-9562
Fax: (703) 997-6076
Monday: 7 AM - 7 PM
Tuesday: Open 24 hours (Today)
Wednesday: Open 24 hours
Thursday: Open 24 hours
Friday: Open 24 hours
Saturday: Open 24 hours
Sunday: 10 AM - 5 PM