Philip D. Cave

Philip D. Cave has practiced court-martial defense and military appellate law exclusively since 1979 and is widely recognized as one of the most experienced civilian military justice lawyers in the United States.

Mr. Cave has served as a prosecutor, defense counsel, appellate advocate, and command legal advisor in military justice cases for more than four decades. His experience spans the full spectrum of military criminal law—from minor disciplinary matters to complex courts-martial involving murder, sexual assault, and national security allegations.

Before entering the practice of military law, Mr. Cave served seven years with the Metropolitan Police in London, England, before coming to the United States in 1972.

After graduating from Case Western Reserve University School of Law in 1979, he attended the Naval Justice Schooland reported to Naval Legal Service Office Norfolk, where he first served as a defense counsel and later as a trial counsel (prosecutor).

Over the next twenty years as a Navy judge advocate, Mr. Cave held numerous military justice leadership positions. He served twice as a defense counsel, twice as a prosecutor, three times as a staff judge advocate (command legal advisor), and as an appellate attorney. During his final years on active duty he worked in the Navy office responsible for military justice legislation, regulation, and policy, while also serving as a member of the Naval Clemency & Parole Board.

Mr. Cave also served on the Joint Service Committee on Military Justice, which is responsible for drafting and revising the Manual for Courts-Martial and the Uniform Code of Military Justice, giving him rare insight into the development of military criminal law and procedure.

Over the course of his career, Mr. Cave has tried hundreds of contested courts-martial and advised on thousands of military justice matters, including criminal investigations, courts-martial, appeals, and administrative proceedings. His courtroom practice frequently involves contested member (jury) trials, where strategic trial advocacy is critical.

Mr. Cave also maintains an extensive military appellate practice, representing service members before the service Courts of Criminal Appeals and the United States Court of Appeals for the Armed Forces. His recent appellate victories include United States v. Wright and United States v. Murillo, among other significant military justice cases.

Mr. Cave has deployed and served in numerous locations worldwide, including the Persian Gulf aboard USS John F. Kennedy (CV-67) and overseas assignments in Spain, Portugal, and Bahrain.

He has provided expert testimony before both Cox Commissions on military justice on behalf of the Bar Association of the District of Columbia, and he is regularly consulted by national print, radio, and television media for commentary on significant military justice issues and cases.

Mr. Cave also contributes to the legal profession by serving as a moot court judge for several national competitions in the Washington, D.C. area, helping train the next generation of trial advocates.

Mr. Cave’s combination of trial experience, appellate advocacy, and military justice policy work is rare among civilian defense counsel practicing in courts-martial today.

Mr. Cave believes that effective representation begins with three principles:

• Listen carefully to the client.
• Be honest with the client about the case.
• Communicate clearly and consistently throughout the process.

Philip D. Cave – Experience Snapshot

• Practicing military law exclusively since 1979
• Former Navy judge advocate with more than 20 years of active-duty military justice experience
• Served as defense counsel, prosecutor, staff judge advocate, and appellate attorney
• Former member of the Joint Service Committee on Military Justice
• Former member of the Naval Clemency & Parole Board
• Hundreds of contested courts-martial and involvement in thousands of military justice matters
• Extensive military appellate practice before the Courts of Criminal Appeals and the U.S. Court of Appeals for the Armed Forces
• Recent appellate victories include United States v. Wright and United States v. Murillo
• Frequently consulted by national media on military justice issues

Litigation Percentage

100% Military Law, 90% of Practice Devoted to Trial and Appellate Litigation

Bar Admissions

• 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

Education

• Univ. Galway, The Irish Centre for Human Rights, June 2024
• Case Western Reserve University Law School, J.D. – 1979
• The George Washington University Law School, LL.M., Master of Laws – 1988
• Joint Forces Staff College – National Defense University, 1982
• Wright State University, Dayton, Ohio B.A. – 1976
• Metropolitan Police Training School, London UK- 1968
• Metropolitan Police Cadet Corps, London UK – 1967

Professional Associations and Memberships

• National Institute of Military Justice, Director, 2000 – Present
• Co-Chair, Military Justice Committee, Criminal Justice Section, ABA
• Judge Advocates Association (life mbr)
• Phi Alpha Delta Law Fraternity, International (life mbr)
• American Legion, Post # 24, Alexandria, VA

Past Employment Positions

• 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

Testimony and presentations 

• 1998. Presentation, Continuity and Change in Military Justice. NIMJ London Conference (for international military lawyers). 
• 2001. Testimony before the Cox Commission on Military Justice (Cox-I).
• 2009. Testimony before the Cox Commission on Military Justice (Cox-II).
• 2010. Presentation, Mental Health Defenses, The Judge Advocate General’s School of the Army.
• 2013. Testimony before the U.S. Commission on Civil Rights—DoD response to military sexual assaults.
• 2014. Presentation, Sexual Assault in the Military: Fixing a Broken System: Rape and Sexual Assault in the Military, Hastings University Law School.
• 2014. Military Law and Media, Military Editors Reporters Conference.
• 2019. Presentation, Summary Courts-Martial. Seminar in Military Justice, Yale Law School.
• 2021, Presentation, Court-Martial of Retired Military Personnel. Military Law Committee, Texas Bar Association.
• 2021, Presentation, Recommended Changes to the Presidential Executive Order Establishing the Manual for Courts-Martial. DoD Joint Service Committee on Military Justice.
• 2021, presentation, Ethics of Go-Funding and Similar Financing of Court-Martial Defense Counsel. Town Hall, GMJR, to international military lawyers, judges, and advocates.
• Panelist, U.S. Relationship with the International Criminal Court 2023, NIMJ Expert Roundtable.
• 2021. Presentation, Retiree Courts-Martial. NIMJ Symposium jointly with the Georgetown Center on National Security and the Law.
• 2021. Presentation, Military Law for the Not Dumb. Phi Alpha Delta, International (law fraternity).
• February 16, 2022. Presented oral argument in Prosecutor v. Ongwen and the International Criminal Court, The Hague.
• 2022, presentation, Prosecution of military retirees for pre- and post-retirement offenses.  Military Law Committee, VA State Bar.
• Panelist, U.S. Relationship with the International Criminal Court 2023, NIMJ Expert Roundtable.

Publications and editorials

• Bedi, Cave, Chiarini, Dienhelt, Rosenblatt, NIMJ “Comment on OTP Environmental Crimes Policy,” submitted to the Office of the Prosecutor, International Criminal Court.
• Cave, Chiarini, Rosenblatt, Prosecuting Wagner Group War Crimes at the International Criminal Court? A Procedural Perspective. OpinioJuris, 16 February 2024.
• Contributor to, Military Court Rules of the United States: Procedures, Citation, Professional Responsibility, Civility, and Judicial Conduct, 18 – 20^th eds., Fidell, Fissell, & Sullivan, eds.
• Co-author, A Sourcebook for Advising Military Personnel, The Orders Project 2022-23
• 2022, Military Retiree Court-Martial Jurisdiction: Trials and Tribulations, Journal of National Security Law & Policy, Georgetown Law School (co-published with the Syracuse Univ. Institute of Security Policy & Law).
• 2008, Coram Nobis: A Writ Too Far? ABA, Preview of Supreme Court Cases, Paper Chase, ABA.
• 2012, How Public of a Trial: US v. Bradley Manning, JURIST Sidebar, ABA.
• 2012, Mental State May Play Pivotal Role in Afghan Shooting Trial, JURIST, ABA.
• 2012, Wrangling Over Khadr’s Counsel Shows Discretionary Power of Military Judges, JURIST, ABA.
• 2021, Fidell, Fissell, and Cave, Equal Supreme Court Access for Military Personnel: An Overdue Reform. 131 YALE LAW REVIEW FORUM.
• 2021, Retired Servicemembers and Military Justice: Separating Fact from Myth. Naval Institute Proceedings, U.S. Naval Institute.
• 2021, Congress, not the courts, say who has authority to court-martial servicemembers, The Hill.
• 2021, Cave and Fissell, Can Service Members Fight Taking a Mandatory COVID Vaccine, Military.com.
• 2021, Cave and VanLandingham, How the Military Should Deal with Its Capitol Rioters. The Daily Beast, January 2021.
• 2021, Fidell, Cave, Hillman, Vanlandingham, Military justice reform, “pink courts’ and unit cohesion. The Hill.
• 2022, Philip D. Cave, Don Christensen, Eugene R. Fidell, Brenner M. Fissell, and Dan Maurer, 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, February 28, 2022.
• Executive editor of CAAFlog.org, the only non-government nonprofit blog to inform others about ongoing military law issues.
• Contributor to the Global Military Justice Reform blog, a non-government nonprofit focusing on international military justice issues.