Former JAG Attorney Timothy Stringham on the Laws of War and Military Justice on January 12, 2026.

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Tim Stringham spent most of his adult life serving in the Armed Forces since graduating from ASU – first in the U.S. Army, including a tour of Afghanistan in 2012, then in the U.S. Navy as an attorney in the Judge Advocate General’s Corps. He ran for Maricopa County Attorney in 2024, losing to Justin Heap by ~4%. Stringham will speak about his experience in JAG and his expertise in the military code of justice and the laws of war, seeking to contextualize the Trump Administration’s hostile military actions toward Venezuela and others in the region.

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[0:00:12 – 0:02:07] Introductions & Framing
Speaker 1 introduces Tim Stringham: former JAG, 16 years in military (counterinsurgency + international law / law of war), ex‑DHS Senior Counsel, now teacher.
Session will cover law of armed conflict, UCMJ, and international law, framed by the dispute over Sen. Mark Kelly and Sec. Pete Hegseth.
[0:02:07 – 0:06:20] UCMJ & Kelly’s Statement
Art. I, §8: Congress creates the UCMJ.
UCMJ Art. 92: crime to disobey a lawful order; unlawfulness is an affirmative defense.
Correct rule: you must disobey an unlawful order (Kelly said “can”).
Retirees remain technically under UCMJ but trying them is rare; this case uses an obscure retirement‑rank review provision 15+ years after Kelly’s retirement.
[0:06:20 – 0:09:32] Censure, Due Process, Speech
Hegseth’s censure letter references “other statements” without specifics or evidence → due process concern.
Possible defenses: Speech and Debate Clause (legislative immunity), First Amendment (chilling effect).
Tim argues the administration unnecessarily amplified Kelly’s video and is punishing a basic “follow the law” message.
[0:09:32 – 0:13:50] Retirement Rank Review & Litigation Path
Censure guides reopening of Kelly’s personnel file to reconsider retired rank (Captain vs. Commander), affecting pay.
Appeal goes to SecDef, who initiated the process → unlawful command influence / biased appeal.
Likely outcome: Kelly must sue in federal court; constitutional due process will be central.
[0:13:50 – 0:19:25] Venezuela, War vs. Crime, International Law
Kelly dispute tied to Venezuelan operations.
Admin told Congress U.S. is in a “non‑international armed conflict” in Caribbean → effectively declares war.
Tim: international law = U.S. law via treaties + Supremacy Clause.
Distinguishes criminal regime (due process) vs. law of war (combatant targeting).
Labeling drug boats as part of an armed conflict lets gov’t kill without trial, with implications even on U.S. soil.
[0:19:25 – 0:23:20] Duterte Parallel & ICC Exposure
Compares to Duterte’s war on drugs; Duterte now faces ICC scrutiny; Trump once praised him.
Tim: Trump is in principle exposed to international jurisdiction, given doctrines of universal jurisdiction and “effects” on ICC member states, though action is unlikely.
[0:23:20 – 0:31:16] Constitutional Culture & Immigration
Tim: laws are only as strong as our fidelity to them; paper constitutions can’t save us if leaders ignore norms.
Cites immigration: U.S. gov’t itself often violates law and due process; being undocumented is not a crime per se.
Notes long‑standing flaws like the 2003 “Hague Invasion Act” (authorizing force against Netherlands over ICC).
[0:31:16 – 0:40:00] Noriega vs. Maduro & Sovereignty
Noriega: declared war on U.S., attacked Americans; invasion framed as defensive (still controversial).
Maduro: indicted for drug crimes → properly a criminal matter needing extradition, not a sovereignty‑violating snatch.
Maduro will be tried in SDNY; acquittal is possible, creating bizarre outcomes (return vs. asylum).
[0:38:50 – 0:45:40] JAG Role & Unlawful Orders
Commanders generally do have JAG access; Tim has challenged and been challenged.
Worry: top roles increasingly filled for political loyalty, weakening legal checks.
Tim: it’s a general’s duty to push back on unlawful presidential orders.
[0:45:40 – 0:51:00] Antifa, ICE Powers, Citizenship Proof
Admin already treats some alleged foreign gang members as combatants; similar logic could target domestic groups.
Most ICE agents lack general police power; even Tim can’t always tell who has what authority.
ICE detains people who can’t prove citizenship; common IDs aren’t enough.
Tim advises citizens to consider carrying passports