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Eielson Air Force Base Court Martial Defense: Defending the Airmen of the Iceman Team

The control tower at Eielson Air Force Base during the Arctic Lightning Airshow (2021).
The control tower at Eielson Air Force Base during the Arctic Lightning Airshow (2021).Photo: U.S. Air Force / Emily Farnsworth · Public domain
Source and image detailsEielson hosts Arctic Lighting Airshow 2021Full frame preserved. Display size reduced.
The appearance of U.S. Department of War (DoW) visual information does not imply or constitute DoW endorsement.

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Eielson Air Force Base: F-35s on the Last Frontier

Southeast of Fairbanks in the Alaskan interior, Eielson Air Force Base is the home of the 354th Fighter Wing, the Iceman Team, and two squadrons of the F-35A Lightning II that give the Air Force a combat-ready strike force on the doorstep of the Pacific and the Arctic. The wing also hosts the aggressors who fly the enemy in training and the great Red Flag-Alaska exercises out over the Joint Pacific Alaska Range Complex, and it shares the field with an Air National Guard refueling wing. This is one of the most demanding assignments in the Air Force, with winter temperatures that fall past forty below, months of deep cold and darkness, the northern lights overhead, and Fairbanks and North Pole the main nearby communities. A wing built to operate in that environment will protect its standards and move hard against an Airman who steps wrong.

Military defense is all Bilecki Law Group does, and Airmen fly us in from our office in Tampa because a contested court martial is decided by trial experience, and we bring it wherever the case is.

The Pilot Who Flew His Shattered Bomber Home

The standard for the Iceman Team was set by First Lieutenant Edward S. Michael, flying a B-17 over Germany on April 11, 1944. Enemy fighters tore his bomber apart and knocked it out of formation, and Michael, badly wounded and bleeding heavily, ordered the crew to bail out, but one wounded gunner could not jump. Rather than save himself, Michael flew the crippled aircraft across enemy territory and the Channel, losing consciousness from blood loss, and when he came to he insisted on taking the controls and landed the shattered bomber himself to bring the wounded man home. He would not leave a man who could not get out on his own. That refusal to abandon his crew is the standard we bring to a case at Eielson.

Why Airmen at Eielson Bring Us In

We win court martial cases. Military defense is all we do, and Airmen fly us in from all over the country because of our trial record. The military justice system is not built to find the truth; it exists to preserve good order and discipline, and a strategic wing in a hard place will make an example of an Airman to protect its standards. The isolation matters here, because on a remote arctic base an allegation draws fast attention and a command eager to act, and a rated F-35 pilot faces a second front, since a Flying Evaluation Board can pull you off flying status on a standard far below a conviction. A serious case is investigated by the Office of Special Investigations, and for sexual assault and other covered offenses the decision to refer charges to a court martial no longer belongs to your command but goes to an independent Special Trial Counsel. The Area Defense Counsel may be capable but carries a heavy caseload inside the same system, which is why Airmen serious about winning bring in their own counsel.

UCMJ Charges We Defend at Eielson Air Force Base

These are the most common cases at Eielson. They are examples, not limits, and we defend service members against the full range of UCMJ offenses.

Sexual Assault and Sex Offenses (UCMJ Article 120 / Article 134). These allegations route to an independent Special Trial Counsel now, and the command treats a report as established before the investigation is finished, all the more so on an isolated base where word of an allegation travels fast. These cases demand counsel who will run an independent investigation and contest the case rather than let the allegation stand in for proof, because a conviction can mean confinement and a federal record, with registration required for a covered sex offense under the applicable federal and state law.

Domestic Violence and Assault (UCMJ Articles 128b and 128). Domestic violence under Article 128b is charged as aggressively as any offense in the UCMJ since the Office of Special Trial Counsel took these cases over. It covers a spouse, an intimate partner, or a family member, and it treats strangulation or suffocation as its own charge that the government can bring even with no visible injury. A qualifying conviction also triggers the federal Lautenberg firearms bar, which can end an Air Force career because an Airman has to be able to carry a weapon. The long, dark, isolated winters here put real strain on households, and we also defend assault under Article 128, where self defense is a recognized defense.

Larceny and Government Property (UCMJ Articles 121 and 108). A fighter wing is issued and signs for a great deal of aircraft parts, tools, and cold weather equipment, and accountability is taken seriously. The government treats missing gear, an item that cannot be reconciled, or property that walked off as larceny under Article 121 or wrongful disposition of military property under Article 108, but a shortage on an inventory is not the same as theft, and the government still has to prove the state of mind required by the charged offense: intent for larceny or fraud, or negligence where Article 108 permits it, not just that something cannot be found.

Drugs and Off Duty Conduct (UCMJ Articles 112a and 134). Drug cases often turn on the chain of custody and the government's burden to prove any use was knowing and wrongful. Marijuana is legal under Alaska law but remains a federal controlled substance and a court martial offense under Article 112a, and for aircrew a drug allegation can trigger a suspension of flying duties and a separate review of flight status. A positive test is evidence the government may use to argue knowing, wrongful use, not an automatic finding of guilt, so the collection, the chain of custody, and whether any use was knowing all remain the government's to prove.

A Career and a Reputation Worth Defending

We do not pretend that every Airman who calls us from Eielson is innocent. What matters is how serious the case is, not your rank. If a matter is genuinely minor, the Area Defense Counsel can handle it, and we will tell you so honestly. But when the case is serious, everything is on the line at once: your career, your wings if you fly, your good name, and your freedom. A court martial conviction is a federal criminal conviction, and the applicable sentencing parameters tie a confinement range to the offense, two and a half to ten years for sexual assault and ten to twenty for rape, that a judge can depart from only by stating specific facts in writing, on top of any required or adjudged punitive discharge and, on a covered sex offense, sex offender registration. That is why you fight. The court’s jurisdiction and the convicted offense determine which sentencing rules apply; some offenses use separate sentencing criteria rather than these ranges.

If you are facing an investigation or court martial at Eielson Air Force Base, reach out for a free, confidential strategy session. We will tell you exactly what you are facing and how we would defend it. The government is already building its case. The only question is whether anyone is building yours.

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FAQ

OSI wants to interview me at Eielson. Do I have to talk to them?
No. Under Article 31b of the UCMJ you have the right to remain silent and to a lawyer, and you can invoke both before the interview begins. OSI is gathering evidence, not offering a chance to explain, and a statement can drive both the criminal case and, for aircrew, an action against your flying status. Decline, ask for the Area Defense Counsel or your own lawyer, and say nothing until you have one.

I'm an F-35 pilot at Eielson. If I beat the charge, can I still lose my wings?
Yes, because a Flying Evaluation Board is a separate proceeding on a lower standard than a conviction. You can win the court martial and still be removed from flying status, or permanently disqualified from aviation service, if the board side is not fought. That is why the underlying allegation has to be defended on both fronts from the start, and we handle the criminal case and the flying status together.

The base is remote and far from any civilian defense lawyer. Can you really defend a case in Alaska?
Yes. We defend court martial cases wherever the military takes them, and distance is not an obstacle, because the work that wins is the investigation, the motions, and the cross examination, not a local office. We have tried cases across the Pacific and around the world, and an Eielson case is no different.

Mr. Bilecki and Mr. Gold are by far the best legal team I have encountered in my entire career. My legal situation lasted almost one year and ended with the best case scenario; Full Acquittal! … Both Tim and Ben are very responsive to emails, text, and phone calls. Due to me being overseas and the time difference, they always made accommodations for a conference call that was convenient for me. When it came down to the actual trial, Mr. Bilecki was a superstar.

Rafael L.

Rafael L.

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Prior results do not predict future outcomes. A prospective client may not obtain the same or similar results.