Fix Our Military “Justice” System! | R. Davis Younts
When justice falters, who stands up to defend it—especially within a system built on hierarchy, command, and obedience? On this episode of the Stories of Service Podcast, host Theresa Carpenter welcomes Attorney R. Davis Younts, a nationally recognized trial lawyer, former Air Force JAG, and one of the most influential voices advocating for due process reform in the U.S. military.
With experience spanning over 200 courts-martial and thousands of investigations, Davis brings to the table an unmatched perspective on what happens when the pursuit of justice gets clouded by politics, perception, and pressure. He’s been on both sides of the courtroom—first as a prosecutor and later as the Air Force’s top-ranked Senior Defense Counsel—and that dual insight shapes his mission today: protecting the rights of those who defend ours.
GUEST BIO: WHO IS ATTORNEY R. DAVIS YOUNTS?
Founder, The Law Office of R. Davis Younts (est. 2019)
Former Senior Defense Counsel, U.S. Air Force – ranked #1 in service
National trial attorney, representing clients in both military and civilian courts
Frequent commentator, featured on Fox News, Newsmax, OANN, CBS, and The Shawn Ryan Show
Author of The United States v. You and The Commonwealth v. You
🎙️ A Call to Service Born from Tragedy
Like many Americans, Davis’s life changed on September 11, 2001. Watching the towers fall instilled in him a deep sense of duty, and soon after, he joined the U.S. Air Force Judge Advocate General’s Corps. His early career was driven by the same ideals that fuel most military prosecutors—truth, accountability, and service to something larger than oneself.
But one case changed everything.
While serving at the U.S. Air Force Academy, Davis secured a not guilty verdict in just 15 minutes. The rapid acquittal wasn’t the result of courtroom theatrics—it was the undeniable realization that an innocent service member had nearly lost their career and reputation to an unsubstantiated accusation. That single experience redirected the entire trajectory of his professional life.
“Justice should not depend on who’s most afraid of a headline,” Davis reflects. “It should depend on the truth.”
From that moment, Davis decided to shift from prosecution to defense, dedicating his career to protecting service members whose voices were often drowned out by institutional politics.
⚖️ The Anatomy of a Broken System
Over his two decades of legal experience, Davis has seen firsthand how systemic flaws can distort justice. His insights are not abstract—they come from real trials, real lives, and real consequences.
In his discussion with Theresa, he explains how the Uniform Code of Military Justice (UCMJ), once designed to balance authority and accountability, has become increasingly politicized. High-profile cases and media scrutiny have placed enormous pressure on military leaders to prosecute at all costs, even when evidence is thin or motives are unclear.
One of the most significant shifts, Davis explains, was the establishment of the Office of Special Trial Counsel (OSTC)—an initiative intended to remove command bias from sexual assault cases. But in practice, it has created new bottlenecks and bureaucracy, removing commanders from disciplinary decisions and slowing justice for both the accused and the accuser.
“When you train leaders to fear headlines more than failure, justice loses its compass,” Davis warns.
🧩 The Hidden Dangers Few Understand
Beyond the courtroom, Davis shines a light on the quiet injustices that plague the system—issues most service members don’t even know exist until it’s too late. One of the most damaging is the “titling” trap: when someone merely being investigated is automatically entered into the FBI’s criminal database.
Even if that person is cleared, the record remains—an invisible scar that can derail security clearances, civilian employment, and reputations. And, shockingly, most service members are never told it happened.
Davis advocates for notification, appeals, and transparency to protect innocent individuals from lifelong consequences of mere suspicion. It’s one of many examples where small procedural changes could have life-changing impacts.
He also calls for the restoration of Article 32 hearings—once meaningful evidentiary safeguards that prevented weak cases from moving to trial. In recent years, these hearings have become perfunctory, offering little chance to test credibility or evidence before careers are destroyed in the court of public opinion.
🧠 Rethinking Leadership and Legal Courage
Throughout the conversation, a recurring theme emerges: moral courage. Davis argues that the current environment teaches commanders to avoid risk rather than make hard calls. When careers are on the line for simply exercising judgment, many leaders choose the safest path—sending cases to trial rather than closing them.
This fear-based leadership, he says, corrodes the foundation of military discipline and fairness.
Davis proposes several reforms:
Raise the evidentiary bar before launching administrative investigations.
Train investigating officers in how to recognize bias, assess credibility, and document decisions with rigor.
Create an affirmative defense for commanders enforcing published standards, protecting them from retaliation when they act in good faith.
These aren’t radical ideas—they’re common-sense steps toward restoring balance between accountability and fairness.
📚 From Courtroom to Public Conversation
Beyond the courtroom, Davis uses his platform to educate service members and civilians alike. As a frequent legal commentator on Fox News, Newsmax, CBS, OANN, and shows like The Shawn Ryan Show, he explains complex legal issues in a way that empowers people to understand their rights.
He’s also the author of The United States v. You and The Commonwealth v. You—two accessible guides that demystify both the court-martial and Pennsylvania justice systems. Through public speaking, media appearances, and legal education, Davis ensures that the principles of justice remain within reach for those who serve.
“My goal isn’t to defend everyone—it’s to defend fairness itself,” he says. “When due process breaks, everyone loses.”
WATCH FULL EPISODE HERE
🔑 Key Takeaways
Due Process Is Non-Negotiable – Real justice means resisting political pressure, even when it’s uncomfortable.
Command Authority Must Be Protected – Removing commanders from discipline undermines accountability and morale.
Transparency Prevents Injustice – Notification and appeals for “titling” cases are vital to fairness.
Education Is Power – Understanding the UCMJ is the first defense against being failed by it.
Moral Courage Defines Leadership – Standing up for fairness—even when it’s unpopular—is the ultimate act of command integrity.
💬 Why This Conversation Matters
For many listeners, this episode will hit close to home. Whether you’re a service member, veteran, or family member, the military justice system touches more lives than most realize. What happens in the courtroom can echo across a career, a family, or an entire community.
Through this dialogue, Theresa Carpenter and Davis Younts challenge us to confront the hard truths: that even institutions built on honor can drift from fairness, and that reform doesn’t begin in Congress—it begins with courageous conversations like this one.
If you care about due process, warrior ethos, and a military that commands trust at home and deterrence abroad, this episode is for you.
Connect with Davis : https://yountslaw.com/
