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Inspector General Investigations – Representation of Subject

If you are a flag or general officer in the Armed Forces, you can expect to find yourself the subject of an Inspector General investigation at least occasionally—it goes with the territory.  You almost certainly have one or more judge advocates assigned to you, but you must remember that those judge advocates do not represent you in your personal capacity.  Ask your judge advocate whom he or she represents in a case where you have been accused of wrongdoing—the judge advocate will give you a well-rehearsed spiel to the effect that “I represent the United States Government, not you.”  You cannot form an attorney-client relationship with your staff judge advocate, and any information that you share with that judge advocate is not considered privileged.

If you find yourself named in an Inspector General investigation, you have a great deal at stake—you should retain private counsel who understands the system and who represents only you.

Congressional Liaison

If you have been nominated to a higher grade, requiring Senate confirmation, the Department of Defense (DoD) will probably send someone to assist you, especially if opposition to your confirmation has arisen.  But you must remember that the person DoD provides represents DoD, not you.  If you find yourself caught up in a congressional investigation or confirmation battle, you need competent and diligent counsel who will represent your interests.  Tully Rinckey has the experience to assist you. To set up a consultation with an attorney call 202-787-1900.