Dan Maurer
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Articles by Dan Maurer
Proposed Rules for the Use of Force at or Near Election Sites
As the midterm election draws near, public confusion and anxiety about what it might encounter from the federal government that day—particularly from the military—have heightened, giving some democracy advocates cause for concern. The primary source for this alarm: President Trump.
Plan B for Trump’s election intimidation: An iron fist in a velvet glove Original
Gen. Dan Caine, the nation’s senior-most military leader, recently told Sen Elissa Slotkin (D-Mich.) that the U.S. military has “no plans” to be at polling places in November. But President Trump has made it impossible to dismiss fears of military interference.
"Midnight at the New Dawn" to Have World Premiere at Kelsey Theatre
Published by New Jersey Stage originally published: 09/30/2026 (WEST WINDSOR, NJ) -- Combine a Jersey diner, four couples, and a live-streaming video series and you have Midnight at the New Dawn, a new comedy making its world premiere at the Kelsey Theatre on Mercer County Community College's West Windsor Campus with performances from October 16-18, 2026.
Dan Maurer Talks About the World Premiere of "Midnight at the New Dawn"
Dan Maurer Talks About the World Premiere of "Midnight at the New Dawn" Published by New Jersey Stage originally published: 09/21/2026 (Left to Right) Emre Celik, Emma J.
Why Are Non-Unanimous (Court-Martial) Guilty Verdicts Still Alive After Ramos?
The Supreme Court’s 2020 landmark decision in Ramos v. Louisiana finally confirmed that the Fourteenth Amendment incorporates the Sixth Amendment’s guarantee of unanimous verdicts in criminal jury trials against States, ending the last vestiges of Jim Crow-era juror racial disenfranchisement remaining in two States’ criminal procedures.
Military Law Expert and Combat Veteran Blasts Trump and Hegseth for Illegal Military Orders
By Joe Plenzler, Meidas Defense In this episode of Meidas Defense, host Joe Plenzler sits down with retired Army JAG officer, law professor, and combat veteran Daniel Maurer. Together, they break down the illegalities surrounding Operation Southern Spear, the recent purge of senior Judge Advocates General (TJAGs) at the Pentagon, and the dangerous precedent of normalizing active-duty military deployments on domestic soil.
Rules of Engagement When the Troops Appear at Polling Sites
Open, noncoercive, and safe elections are a hallmark of a healthy democracy. Today, those characteristics are in jeopardy.
This OLC Opinion Is ‘Bullshit’
The Department of Justice’s Office of Legal Counsel (OLC) has become a flashpoint in the public debate over the Trump administration’s compliance with federal laws, the Constitution, and foundational rule-of-law principles. The Justice Department’s resistance to publishing the OLC opinion on the lawfulness of the military’s counternarcotic boat strikes is one such lingering controversy. But lack of transparency is not always the problem. On Dec.
Congress Must Define ‘Unlawful Order’ Under Military Law
On Nov. 18, 2025, six members of Congress appeared in a video posted to X, urging members of the military and intelligence community to disobey illegal orders: “The American people need you to stand up for our laws and our Constitution. Don’t give up the ship.” This had two immediate consequences. First, President Trump accused the members of Congress of “seditious conspiracy” and treason (it wasn’t), calling for their arrests and later suggesting their execution.
Shipwrecked drug runners should be arrested, not killed | Opinion Original
Shipwrecked drug runners should be arrested, not killed | Opinion While 'maximum lethality, not tepid legality' makes a striking sound bite, lethality without the legality has another name: murder. Dan Maurer | Opinion contributor US kills 4 in latest suspected drug boat strike The latest alleged drug boat strike comes amid escalating criticism over the assaults, a second strike in September on survivors.
Are Military Lawyers Being Sidelined?
Published by The Lawfare Institute in Cooperation With On Sept. 2, President Trump announced that the U.S. military had struck a Venezuelan vessel allegedly carrying narcotics, killing 11 people. The strike—justified as “self-defense” as part of the U.S.’s counternarcotics strategy—drew sharp criticism. It has since been followed by two other U.S. strikes on Venezuelan vessels.
Defining ‘Rebellion’ in 10 U.S.C. § 12406 and the Insurrection Act
Published by The Lawfare Institute in Cooperation With In California Gov. Gavin Newsom’s June 9 lawsuit against President Trump—calling for the reversal of the federalization of the state’s National Guard—a little-known federal law, 10 U.S.C.§12406, has suddenly become the center of a legal and political controversyover the extent of a president’s power to use the military domestically.
On Treason and Traitors
Published by The Lawfare Institute in Cooperation With On April 9, President Donald Trump signed a presidential memorandum targeting a former government official for critical statements made about the president.
Border Militarization Blurs the Distinction Between ‘Policing’ Immigration and ‘Combating’ Immigrants
Imagine the following hypothetical: From a guard tower adjacent to the border wall at 2:00 a.m., a U.S. Army private observes through her night vision goggles three men cutting through the razor wire with small knives several hundred meters away, on the Mexican side of the border, attempting to enter the newly designated “military installation” that exists on a strip of land extending into U.S. territory to a distance of 60 meters. They do not appear to have firearms.
Congress Must Protect the Role of JAGs in the Military
Recent reporting indicates that United States Secretary of Defense Pete Hegseth—certainly no fan of the military rules of engagement (ROE) and international law of war—has directed a new key member of his staff to oversee “a sweeping overhaul of the judge advocate general’s corps as part of an effort to make the US military less restricted by the laws of armed conflict.” If current Trump administration practice is precedent, this reform will radically reimagine the role of judge advocate...
JAGs Alone Can’t Defend Rule of Law
In February, Secretary of Defense Pete Hegseth fired the chairman of the Joint Chiefs of Staff, the chief of naval operations, the vice chief of staff of the Air Force, and the three service judge advocates general (TJAGs). Most criticism of this unprecedented purge has focused on what it signals for the leadership of the military and the routine provision of legal advice to the senior civilian appointees within the Pentagon.
Congressional Action Could Stymie Executive Clemency for War Crimes
On Jan. 20, 2025, Donald Trump will regain his responsibility as commander in chief of the U.S. armed forces.
Governing Military Norm-Defiance in a Norm-Defying Presidency
Published by The Lawfare Institute in Cooperation With If a future U.S. president were to order a nuclear attack on a target—during an ongoing armed conflict, as a preemptive self-defense action, or as a stand-alone offensive use of force—and the senior military officer in command of the U.S. nuclear arsenal or in the position to transmit those orders at the Pentagon’s National Military Command Center refused, would that officer have violated the Uniform Code of Military Justice (UCMJ)?
Can the Military Disobey Orders in the SEAL Team 6 Hypothetical?
On July 1, the U.S. Supreme Court issued its long-awaited presidential immunity decision in the sure-to-be-landmark Trump v. United Statescase. Though the majority opinion raised significant and troubling implications, the question of just how far this new explicit immunity can go was first raised in oral argument: Can a president order SEAL Team 6 to assassinate a domestic political rival?
Sovereign, Employer, Community: A Theory of Military Justice Beyond Discipline, Obedience, and Efficiency
Unfortunately, when we look for such a theory to understand or legitimate the structure, foundational premises, and evolutionary path of the U.S. military’s separate criminal justice system, we find only a mirage—the blurry image of a super-rationale that simply evaporates the closer we inspect it. There is no theory that sheds light on why the system is what it is, nor how or why it could change further. This Article proposes such a theory.
State of the University: Admin Touts Enrollment, Pressed on LWH, Workday
According to the NEIU Constitution, the university’s president is required to address the Faculty Assembly with a State of the University Address, similar to the annual State of the Union Address the U.S. president gives to Congress. Interim President Dr. Katrina Bell-Jordan began her address by acknowledging the faculty, staff and students in attendance, asking each in turn to stand, and recognizing them with a round of applause.
War Crime Clemency: The President’s Self- (Defeating) Pardon
Maryland Law Review, Apr 2023 This is a preview of a remote PDF: https://digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=3962&context=mlr Dan Maurer. , Maryland Law Review, 2023, pp. 581, Volume 82, Issue 3,
The Veil (Or Helmet) Of Ignorance: A Rawlsian Thought Experiment About a Military’s Criminal Law
Abstract This Article loosely adapts political philosopher John Rawls’s famous social contract thought experiment to interrogate a corner of law that receives too little theoretical attention: the separate federal code at the intersection of criminal law and national security that regulates both martial and non-martial conduct of millions of citizens, invests judicial responsibility and prosecutorial authority in nonlawyer commanding officers, operates with no territorial limitations, and...
A U.N. Security Council Permanent Member’s De Facto Immunity From Article 6 Expulsion: Russia’s Fact or Fiction?
Ukrainian President Volodymyr Zelenskyy’s speech to the United Nations on April 5 was the besieged nation’s latest call to the international community for unified aid from the nations that have already vigorously condemned Russia’s so-called special military operation. Zelenskyy questioned the legitimacy and value of the Security Council itself in the face of the most severe, systematic war crimes since World War II: “Where is the security that the Security Council needs to guarantee?
A U.N. Security Council Permanent Member’s De Facto Immunity From Article 6 Expulsion: Russia’s Fact or Fiction?
Published by The Lawfare Institute in Cooperation With Ukrainian President Volodymyr Zelenskyy’s speech to the United Nations on April 5 was the besieged nation’s latest call to the international community for unified aid from the nations that have already vigorously condemned Russia’s so-called special military operation.
What the FY 2022 NDAA Does, and Does Not Do, to Military Justice
Editor’s note: An earlier version of this essay was posted, on Dec. 15, 2021, as an executive summary on CAAFLog, where Lt. Col. Maurer serves as an editor in his personal capacity. This essay reflects his own opinions and not the official position or policies of any part of the U.S. government. On Dec. 15, the Senate passed the National Defense Authorization Act (NDAA) for Fiscal Year 2022 by a vote of 88-11, sending the bill (which the House approved the week before by a margin of 363-70).
What the FY 2022 NDAA Does, and Does Not Do, to Military Justice
Published by The Lawfare Institute in Cooperation With Editor’s note: An earlier version of this essay was posted, on Dec. 15, 2021, as an executive summary on CAAFLog, where Lt. Col. Maurer serves as an editor in his personal capacity. This essay reflects his own opinions and not the official position or policies of any part of the U.S. government. On Dec.
The Military Waiver Requirement for Secretary of Defense Shouldn’t Substitute Individuation
President-elect Biden, like President Trump before him, has chosen to nominate a well-regarded retired four-star general (Lloyd Austin III) to serve as his first secretary of defense.
The Military Waiver Requirement for Secretary of Defense Shouldn’t Substitute Individuation
Published by The Lawfare Institute in Cooperation With President-elect Biden, like President Trump before him, has chosen to nominate a well-regarded retired four-star general (Lloyd Austin III) to serve as his first secretary of defense.
The “Shadow Report” on Commanders’ Prosecutorial Powers Raises More Questions Than Answers
In Section 540F of the National Defense Authorization Act of 2020, Congress directed the Department of Defense to conduct a feasibility study, and to report the findings of that study, on a potential new “alternative military justice system.” Given the dramatic year that military justice has had, this direction might seem bold but not surprising.
The 'Shadow Report' on Commanders’ Prosecutorial Powers Raises More Questions Than Answers
In Section 540F of the National Defense Authorization Act of 2020, Congress directed the Department of Defense to conduct a feasibility study, and to report the findings of that study, on a potential new “alternative military justice system.” Given the dramatic year that military justice has had, this direction might seem bold but not surprising.
Should There Be a War Crime Pardon Exception?
In May 2019, President Trump pardoned former 1st Lt. Michael Behenna for crimes committed while deployed in Iraq. Behenna, who had served less than five years in prison by that point, had executed an unarmed Iraqi he believed was responsible for an attack that killed two of his troops. In November, the president followed up his historic act of executive clemency with two more. He pardoned former 1st Lt. Clint Lorance (also convicted of murder in combat, this time in Afghanistan).
Should There Be a War Crime Pardon Exception?
In May 2019, President Trump pardoned former 1st Lt. Michael Behenna for crimes committed while deployed in Iraq. Behenna, who had served less than five years in prison by that point, had executed an unarmed Iraqi he believed was responsible for an attack that killed two of his troops. In November, the president followed up his historic act of executive clemency with two more. He pardoned former 1st Lt. Clint Lorance (also convicted of murder in combat, this time in Afghanistan).
What Lt. Col. Vindman’s Testimony Says About Civil-Military Relations and Military Justice
On Oct. 29, Army Lt. Col. Alexander Vindman was deposed by three standing congressional committees conducting the impeachment inquiry into the conduct of President Trump, triggered by a whistleblower’s concerned recounting of an Oval Office phone call with President Volodymyr Zelensky of the Ukraine.
What Lt. Col. Vindman’s Testimony Says About Civil-Military Relations and Military Justice
Published by The Lawfare Institute in Cooperation With On Oct. 29, Army Lt. Col. Alexander Vindman was deposed by three standing congressional committees conducting the impeachment inquiry into the conduct of President Trump, triggered by a whistleblower’s concerned recounting of an Oval Office phone call with President Volodymyr Zelensky of the Ukraine.
It’s Time to Crowd-Source Questions About Civil-Military Relationships
“Ripped from the headlines,” the number of challenges facing military and civilian leaders in the U.S. national security establishment are diverse, global, and run the gamut from tactical to strategic. Iran’s nuclear program and allegations of attacks on civilian shipping in the Gulf of Oman. Russia’s exploitation of gaps in U.S. and state democratic processes. China’s island-engineering and “lawfare” in the South China Sea. Boko Haram in Nigeria. The self-proclaimed Islamic State in the Sahel.
Trump’s Intervention in the Golsteyn Case: Judicial Independence, Military Justice or Both?
The final two months of 2018 have been a remarkably eventful period for observers of American civil-military relations—even for the Trump administration. In just the final two months of 2018, there was the pre-midterm election deployment of troops to the southwest border in response to the supposed “invasion” of the migrant caravan.
Trump’s Intervention in the Golsteyn Case: Judicial Independence, Military Justice or Both?
The final two months of 2018 have been a remarkably eventful period for observers of American civil-military relations—even for the Trump administration. In just the final two months of 2018, there was the pre-midterm election deployment of troops to the southwest border in response to the supposed “invasion” of the migrant caravan.
Moral Culpability and Autonomous Military Systems: Is Human Responsibility Accentuated or Attenuated by a Reliance on AI?
Note: This essay adapts and slightly expands remarks the author made at the Royal United Services Institute (RUSI) in London, on November 7, 2018, at its “Lethal AI and Autonomy Conference.”1 Forewarning to the reader: the nature of that brief presentation left the author with little choice but to raise more questions than he could answer in a short time, hoping instead to spur lively debate and discussion amongst the conference attendees.
Civil-Military Relationships in Debatably Legal Precision Strikes
This spring, for the second time, President Trump ordered a precision air strike against another nation's sovereign territory on the ground that it had used unlawful chemical weapons against its own civilian population, warranting a “strong deterrent” message to uphold international laws and norms. He did so without the explicit authorization of Congress, acting only on his executive powers under Article II of the Constitution.
What Precision Strikes in Syria Mean for Civil-Military Relations
This spring, for the second time, President Donald Trump ordered a precision air strike against another nation’s sovereign territory on the ground that it had used unlawful chemical weapons against its own civilian population, warranting a “strong deterrent” message to uphold international laws and norms. He did so without the explicit authorization of Congress, acting only on his executive powers under Article II of the Constitution.
Are Military Courts Really Just Like Civilian Criminal Courts?
At the end of the last term, the Supreme Court decided in a 7-2 opinion that the high court exercises appellate jurisdiction over the United States' military justice system—a system it says begins at the court-martial level, or trial level, through each Service's Court of Criminal Appeals, up to the court of Appeals for the Armed Forces (CAAF), a tribunal with five president-appointed, Senate-confirmed civilian judges. The majority's opinion in that case, Ortiz v.
Are Military Courts Really Just Like Civilian Criminal Courts?
At the end of the last term, the Supreme Court decided in a 7-2 opinion that the high court exercises appellate jurisdiction over the United States’ military justice system—a system it says begins at the court-martial level, or trial level, through each Service’s Court of Criminal Appeals, up to the court of Appeals for the Armed Forces (CAAF), a tribunal with five president-appointed, Senate-confirmed civilian judges. The majority’s opinion in that case, Ortiz v.
Are Military Courts Really Just Like Civilian Criminal Courts?
At the end of the last term, the Supreme Court decided in a 7-2 opinion that the high court exercises appellate jurisdiction over the United States’ military justice system—a system it says begins at the court-martial level, or trial level, through each Service’s Court of Criminal Appeals, up to the court of Appeals for the Armed Forces (CAAF), a tribunal with five president-appointed, Senate-confirmed civilian judges. The majority’s opinion in that case, Ortiz v.
Special Events - Nov. 9-15
BRAINERDHoliday art showThe Brainerd Area Art Club will host a Holiday Art Show, 10 a.m. to 4 p.m. Saturday, Room 101 of the Franklin Arts Center. Author Connie Claire Szarke to appear.CROSBYAuthor TalkAmy Sharpe of "CHARLES BECK-The Nature of an Artist," to appear, 6:30 p.m. Tuesday, Jessie F. Hallett Memorial Library in Crosby during an Author Talk and Book Launch.CROSSLAKEAuthor to appearAuthor Dan Maurer of "Endure," to appear, 1 p.m. today, Nov.
Special Events - Nov. 2-8
BAXTERAuthor to appearFrank Weber, author of "Murder Book," will present an author talk, 10:30-11:30 a.m. Tuesday, Northern Lakes Senior Living Community Room; free.BRAINERDCultural ThursdayUniversity of Minnesota American Studies Professor Brenda J. Child to present "Boarding School Generations," noon today, Nov.
Special Events - week of Oct. 26 - Nov. 2
BRAINERDVerse Like WaterEllen Bryant Voigt to speak at the visiting poet program, noon Oct. 30, Chalberg Theatre at Central Lakes College. A book signing and informal craft talk will follow at 1:30 p.m.Cultural ThursdayUniversity of Minnesota American Studies Professor Brenda J. Child to present "Boarding School Generations," noon Nov.
Does K-2SO Deserve a Medal? | RealClearDefense
Author’s note: The following is based on remarks I delivered on August, 2, 2017 at the Royal United Services Institute for Defense and Security Studies (RUSI), in London, for their Technology and Future Combat Roundtable, along with a previous essay published in the Small Wars Journal.
Meeting of the Minds: How Presidents and Generals Stake out Their Territory
Published by The Lawfare Institute in Cooperation With They shall have wars and pay for their presumption. —Shakespeare, Henry VI Like many a new president before him, President Trump is opening his administration with bold—and sometimes contradictory—actions that have many wondering what to make of his relationships with his most senior admirals and generals. The cost of such uncertainty, as Shakespeare might suggest, could be unbearably high.
Book excerpt: To best understand the American civil-military relationship, look at lines of trust, not of authority
By Maj. Dan Maurer, U.S. Army Best Defense author excerpt American strategic civil-military relationships are haunted by an inability to diagnose whether they are pathological or healthy. Neither the parties themselves nor the public can accurately and objectively unravel whether certain actions or inactions are symptoms of a diseased interaction, or whether they are sure signs of a proper and well-ordered immune system, a proper — if nuanced and unequal — collaboration.
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