Philip D. Cave

I have extensive experience as a prosecutor, defense counsel, appellate advocate, and legal advisor in military cases. I have served tours of duty in the U.S., Gulf-I, in USS JOHN F. KENNEDY (CV 67), and overseas in Spain, Portugal, and Bahrain. While on active duty I also gained experience as a member of the Navy Clemency & Parole Board, the Joint Service Committee on Military Justice, and in regulatory and legislative matters.

I have provided testimony at both Cox Commissions on military justice, on behalf of the Bar Association of the District of Columbia. I regularly participate as a moot court judge for several national moot court competitions held in the Washington, DC, area.

I am regularly consulted by print, radio, and TV media for commentary on significant military justice cases and issues.

I have been practicing military law exclusively since 1979.

I came to America in 1972, having spent seven years with the Metropolitan Police in London, England.

After graduating from the Case Western Reserve University Law School in 1979, I went to the Naval Justice School; and then I reported to my first assignment at Naval Legal Service Office Norfolk, to be a defense counsel and then a trial counsel (prosecutor).

Over the next 20 years I served as a Navy judge advocate in various military justice related assignments: twice as a defense counsel, twice as a trial counsel (prosecutor), three times as a staff judge advocate (command legal advisor), and as an appeals lawyer. For my last few years of active duty I served in the Navy office responsible Military Justice (legislation, regulation, policy) matters, as well as sitting as a member of the Naval Clemency & Parole Board.

I have broad experience in courts-martial ranging from simple AWOL/UA cases to complicated murder, sex assault, and national security cases. Most of my trial cases are contested members (jury); that is when I have not been able to divert them for trial. Over the years I have tried hundreds of contested cases, and have been involved in thousands of cases from the simple AR 15-6 type investigation to significant adverse administrative actions.

I believe in listening to the client.
I believe in being honest with the client.
I believe in communicating with the client.

100% Military Law

75% of Practice Devoted to Litigation

• Ohio, 1979
• Virginia, 2000
• District of Columbia, 2000
• U.S. Court of Appeals Federal Circuit, 2000
• U.S. Supreme Court, 1992
• U.S. Court of Appeals for the Armed Forces, 1982
• U.S. District Court Eastern District of Virginia, 2000
• U.S. Court of Federal Claims, 2001

• Case Western Reserve University Law School, Cleveland, Ohio J.D. - 1979
• The George Washington University Law School, Washington, District of Columbia LL.M., Master of Laws - 1988
• Joint Forces Staff College - National Defense University, Norfolk, Virginia Diploma - 1982
• Wright State University, Dayton, Ohio B.A. - 1976
• Metropolitan Police Training School, London England - 1968
• Metropolitan Police Cadet Corps, London England - 1967

• How Public of a Trial: US v. Bradley Manning, JURIST Sidebar, 2012
• Mental State May Play Pivotal Role in Afghan Shooting Trial, JURIST, 2012
• Wrangling Over Khadr's Counsel Shows Discretionary Power of Military Judges, JURIST

Coram Nobis: A Writ Too Far?, ABA, Preview of Supreme Court Cases, 2008

• United States v. Trew, 68 M.J. 364 (C.A.A.F. 2010)
• United States v. Dorman, 58 M.J. 295 (C.A.A.F. 2003)
• United States v. Lee, 54 M.J. 285 (C.A.A.F. 2000)(amicus)
• United States v. Smith, 43 M.J. 390 (C.A.A.F. 1996)
• United States v. Saylor, 40 M.J. 715 (N-M Ct. Crim. App. 1994)
• United States v. Collins, 39 M.J. 739 (N-M Ct. Crim. App. 1994)
• United States v. Clemons, 39 M.J. 865 (N-M Ct. Crim. App. 1994)

• Military Sexual Assault Cases US Commission on Civil Rights, Report and Briefing on Sexual Assault in the Military
• Moot Court, PAD-International Moot Court
• Moot Court, George Washington University Law School National Moot Court
• Military Justice Seminar – Mental Health Defenses, The Judge Advocate Generals’ School of the Army
• Sexual Assault in the Military: Fixing a Broken System: Rape and Sexual Assault in the Military, Hastings University Law School
• Military Law and Media, Military Editors Reporters Conference
• Military Law Reform: Cox Commission, National Institute of Military Justice
• Military Law Reform: Cox Commission, National Institute of Military Justice
• Continuity and Change in Military Justice, London Conference, National Institute of Military Justice
• Court-Martials and the Media, ABA Annual Conference

• National Institute of Military Justice, Director, 2000 - Present
• Judge Advocates Association, Board of Directors
• Bar Association of D.C, Member, 2000 - Present
• National Association of Criminal Defense Lawyers (NACDL), Member
• Federal Bar Association (FBA)
• Virginia State Bar, Military Law Committee
• Virginia Association Criminal Defense Lawyers (VACDL)
• Phi Alpha Delta Law Fraternity, International
• American Legion

• Navy-Marine Corps Appellate Defense Division, Deputy Director, 1992 - 1994
• Naval Legal Service Office, Chief Trial Defense Counsel, 1990 - 1991
• Naval Legal Service Office, Trial Counsel (Prosecutor), 1988 - 1990
• Naval Legal Service Office, Trial Defense Counsel, 1980 - 1982
• Metropolitan Police Force, New Scotland Yard, London, England, Police Cadet and then
• Police Constable, 1965 - 1972
• U.S. Navy, Judge Advocate General's Corps.
• U.S. Forces, Azores, Portugal, Assistant Staff Judge Advocate (Legal Advisor),
• Commander
• The Staff Judge Advocate (Senior Legal Advisor) to, USS JOHN F. KENNEDY (CV-67)
• Naval Logistics Support Force, in support of Operations DESERT SHIELD/ DESERT STORM
• (Gulf I), Staff Judge Advocate to, Commander
• Naval Legal Service Office Detachment, Rota, Spain, Officer-in-Charge
• Judge Advocate General of the Navy, Deputy Director, Criminal Law Division

• Phi Kappa Tau
• Phi Alpha Delta Legal Fraternity