[ Ссылка ] Military Law and Appeals defense attorney, Jeff Liebenguth, discussing why a military service member should retain legal representation if under investigation by military law enforcement, like NCIS, CID, or OSI. Under military rules, a service member is not entitled to a free active duty lawyer until after charges are brought or the service member is placed into pretrial confinement. This results in a service member often having nobody protecting their rights and interests while the Government works to gather evidence for a conviction. This puts a military service member accused of a UCMJ offense at a tremendous disadvantage, but retaining a civilian military lawyer can flip the script and make the chances of a not guilty verdict much, much better.

Mr. Liebenguth is a graduate of Amherst College, Emory University School of Law, and the Marine Corps University Resident Command & Staff College, where he received a Master’s Degree in Military Studies. In 2006-2007, he deployed with 2d Battalion, 3d Marines to Haditha, Iraq, the unit whose combat deployment is the subject of the 2019 book: "The Warriors of Anbar: The Marines Who Crushed Al Qaeda—the Greatest Untold Story of the Iraq War." Mr. Liebenguth later worked at the Pentagon and taught military law at the United States Naval Academy. He has also been an invited speaker at military criminal-law conferences in California and Washington, D.C.

In his many years of practicing law, Mr. Liebenguth has litigated high-stakes military criminal cases from every perspective possible: as a defense counsel, an appellate defense counsel, a prosecutor, and as a Special Assistant United States Attorney. As an appellate defense counsel, he successfully petitioned the Court of Appeals for the Armed Forces and the Navy-Marine Corps Court of Criminal Appeals for oral argument in a remarkable 17 cases, including:

United States v. Stewart, 71 M.J. 38 (C.A.A.F.)
United States v. Hayes, 70 M.J. 454 (C.A.A.F.)
United States v. Bradley, 71 M.J. 13 (C.A.A.F.) (Attempted Murder Case)
United States v. Norwood, 71 M.J. 204 (C.A.A.F.)
United States v. Watson, 71 M.J. 54 (C.A.A.F.)
United States v. Fosler, 70 M.J. 225 (C.A.A.F.) (Now Cited in Manual for Courts-Martial)
United States v. Sullivan, 70 M.J. 110 (C.A.A.F.)
United States v. Parker, 71 M.J. 594 (N-M. Ct. Crim. App.) (Death-Sentence Case)
United States v. McGuire, 2012 CCA LEXIS 458 (N-M. Ct. Crim. App.)
United States v. Warren, 71 M.J. 505 (N-M. Ct. Crim. App.)
United States v. Hackler, 70 M.J. 624 (N-M. Ct. Crim. App.)
United States v. Fosler, 69 M.J. 669 (N-M. Ct. Crim. App.)
United States v. Hayes, 2010 CCA LEXIS 364 (N-M. Ct. Crim. App.)
United States v. Saxman, 69 M.J. 540 (N-M. Ct. Crim. App.)
United States v. Soucie, 2010 CCA LEXIS 703 (N-M. Ct. Crim. App.)
United States v. Warner, 2010 CCA LEXIS 55 (N-M. Ct. Crim. App.) (Murder-for-Hire Case)
United States v. Wood, 2010 CCA LEXIS 24 (N-M. Ct. Crim. App.)

As a result of his success, Mr. Liebenguth was recognized as the “Silver C.A.A.F. Tongue” award winner for arguing more cases than any other military appellate defense counsel.

As a defense counsel and prosecutor, he has litigated felony-level cases, including but not limited to those involving allegations of murder, attempted murder, rape, sexual assault, assault and battery, burglary, and child endangerment. Mr. Liebenguth has also been accepted for publication on a wide range of military topics, including alcohol-related sexual assault and the Servicemembers’ Civil Relief Act. His professional affiliations and licensing include the Supreme Court of the United States, the Court of Appeals of the Armed Forces, the Supreme Court of Hawaii, the Hawaii State Bar Association, and the District of Columbia Bar Association.

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