Last month, GW Law’s National Security, Cybersecurity, and Foreign Relations Law Program and the National Security Law Association hosted a panel on “The Military and the Rule of Law.” The panel, moderated by Professor of Practice Jonathan Cedarbaum, featured former Judge Advocate General of the Army LTG (Ret.) Charles Pede, former Deputy General Counsel and Acting General Counsel of the Department of Defense Robert Taylor, and Lyle T. Alverson Professor of Law Laura Dickinson.
Each panel member provided brief introductory remarks on what the rule of law means and why it matters. LTG (Ret.) Pede discussed the rule of law as a social contract and the importance of giving clients the advice they need, not the advice they want. Bob Taylor highlighted his service to seven Secretaries of Defense and the clear message he received throughout his service regarding the importance of law and lawyers in decision-making processes. Professor Dickinson addressed the significant legal questions raised by the recent domestic deployments of the military.
In response to student questions, panelists raised issues such as how cultivation of personal relationships with clients can help lawyers ensure that they are in the room for important decisions; how developing a culture attuned to the rule of law can help lawyers navigate political pressures; and the circumstances in which it may be appropriate to advise clients as to what they should do and not just what the law says they can do. A key piece of advice shared by LTG (Ret.) Pede was a statement attributed to Thomas Jefferson: "In matters of style, swim with the current; in matters of principle, stand like a rock."