JAGs back from Iraq settle back into practice 

Posted: 1:00 am Mon, March 15, 2010
By Michelle Lore

More than a year ago, a dozen local Minnesota Army National Guard JAG officers were deployed to Basra, Iraq, to participate in the 34th Red Bull Infantry Division’s mission to help transition responsibility for security to the Iraqi Security Forces and assist the Iraqis in building civil capacity.

The JAGs are now home, settling back into their civilian lives and legal careers. From the hot weather to the mortar fire to the daily demands of their jobs, it was an unforgettable personal and professional experience. And they feel confident that their work in the war-torn country was worthwhile.

Major Darrin Rosha, who served as chief of Operations Law for the Office of the Staff Judge Advocate, said he believes Iraq is poised to succeed in establishing a rule of law.

“[It’s] an opportunity for a much wider range of people to participate in their governance in a way that I think could not only change that region but change international relations and politics,” he said. “They face challenges to be sure, but I’m very hopeful for them.”

Active duty lawyering

The group of JAG officers included small-firm lawyers, full-time JAG attorneys, a prosecutor, an assistant commerce commissioner and a Hennepin County District Court judge — Lieutenant Colonel Fred Karasov — who hadn’t been on the bench for a year before his deployment.

Karasov served a split tour in Iraq, returning after seven months, but while there was the chief of military justice for five brigades containing 2,000-3,000 soldiers each. Every military justice matter of any significance in his division went through his office — from major prosecutions to minor ones.

An experienced prosecutor in the civil justice courts, Karasov said that working in the military courts was a unique experience. Utilizing the Uniform Code of Military Justice and the rules of court martial, he learned how military cases are handled from investigation to appeal.

“It was fascinating, I got to learn about active duty lawyering,” he said. “It’s different than civilian criminal courts.”

Once Karasov returned to the United States he was back on the bench within a few days. He’d been transferred to juvenile court while he was gone, and he was looking forward to the experience. Getting up to speed was easy thanks to the judge’s co-workers.

“District Court administration and the other judges were unbelievably supportive. They’ve made this a very easy transition,” said Karasov.

It’s been humbling as well, he said, explaining that people have been so nice since he returned, thinking that he made a huge sacrifice. But he doesn’t see it that way.

“I was just doing my job as a National Guard soldier. … I hope I did it well, but now I’m back here and I’m just back to doing my other job.”

Military prosecution

Captain Jennifer Beck-Brown, an assistant Hennepin County attorney in her civilian life, was a part of Karasov’s military justice team, prosecuting a variety of cases ranging from theft and AWOL charges to a double murder.

Beck-Brown said the job differed from her civilian position in a variety of ways. In Iraq, the ultimate decision on whether to charge someone and what to charge belongs to the division commander. She assisted with those decisions and made sure the commander knew the options available. In civilian courts, the prosecutors have more say in whether to prosecute and what charges to bring, she said.

The job in Iraq also required more travel — to interview witnesses, view crime scenes and meet with agents from the criminal investigation division. If she had a question, she’d have to call her supervisor in Baghdad or contact someone in the United States. In Hennepin County, however, the experts, investigators and appellate attorneys are all right there to answer questions as they come up.

Before she left last year, Beck-Brown anticipated that leaving her husband, then 13-year-old daughter, 6-year-old son and 18-month old baby for so long would be the hardest part of the mission. She says now that she was right, but that exercising regularly helped.

“I would be on the treadmill and visualize what I’d do when I got home, like playing at the water park with my kids,” she said. “That would help me through the day.”

Beck-Brown anticipates that when she returns to her job with the Hennepin County attorney’s office today it will be in a position similar to the one she left with the property crimes unit. She admitted that she has mixed feelings about going back.

“I really like my job. I really like the people I work with. I’m excited about that piece, but I’m also enjoying being at home with my family too,” she said.

Ramping up

Rosha’s role in Iraq was quite different from those working in military justice. He and his staff became intimately familiar with the International Law of Armed Conflict and the U.S. military’s escalation-of-force requirements and rules of engagement.

Rosha’s team provided advice to the division commander and his senior staff when hostile action occurred in any of the nine provinces in the U.S. Division-South Operational Environment. As chief, Rosha also answered questions on the implementation of the security agreement between the Iraqi and U.S. forces.

Much of Rosha’s job was performed from a cubicle — which he says was a challenge because it made him almost too accessible.

“It was difficult at times to have uninterrupted time to take care of some of the intellectual and cerebral components of the practice,” he said. “Of course, you learn to adapt, but it’s very different from most people’s private practice experience.”

Having closed up his law office before he left last year, Rosha didn’t have a job waiting for him when he got back from Iraq. Not one to waste time, he set to work establishing a general practice law firm in Mound the day after his return. For the last few weeks, he’s been looking for staff and getting his systems in place while also taking on cases.

“It’s actually a struggle not to overdo it on the case files while I am ramping up and doing interviews for staff and everything else at the same time,” he said. “It’s very time consuming.”

Fortunately, Rosha’s former clients didn’t forget about him while he was gone, and much of the work he’s taking on now is for people he previously served.

“I’m pleased with that,” he said. “Many left messages [while I was gone] saying ‘call when you get in.’”

Family matters

The JAG officers anticipated it would be difficult to be away from their families for so long, but they recognize that they had it much easier than soldiers of the past.

“It was not lost on any of us that this is not our grandfather’s war,&rd
quo; said Rosha, referencing the fact that they had regular access to e-mail for written messages and periodic access to Skype for video calls.

Rosha said that although the video was “choppy” and he had to get up at 3:00 a.m. to do it, using Skype he was able to be with his family for Christmas for a half-hour. Beck-Brown said that she would sometimes film herself reading a story, and then send both the book and the video to her young son Max.

The JAGs said that the heat was a bit of a surprise, however, with temperatures in the summer frequently reaching upwards of 130 degrees. (They were told by the Iraqi people they got off easy because it never reached the 140s.) Fortunately their living quarters — tiny metal huts shared with another person — were equipped with air conditioner units, although they periodically experienced power outages.

“It was crazy hot. I’ve never experienced anything like it,” said Beck-Brown. “It’s just so great to be back. I’ve never been so happy to see snow.”

Under fire

Another thing the JAGs weren’t completely prepared for was the feeling of being under attack by indirect fire.

According to Beck-Brown, the FOB (forward operating base) was blasted with mortars — large rockets shot by insurgents — a couple times a week when they first got to Iraq. “We had mortars come pretty close to us,” she said.

Beck-Brown said that it’s one thing to hear that it’s dangerous and there’s the possibility of getting shot, but it’s another to actually be under fire, knowing that people who were not that far away were trying to kill them.

“I didn’t realize how tough that would be,” she said. “In theory I got it; I understood that. But to actually be there and feel it was tough.”