Jason R. Wareham

Biography

Jason Wareham is a trial and appellate lawyer who has tried dozens of state, federal, and military courts and administrative hearing cases. Many of his cases were litigated under the highest stakes, including some of this country’s most highly classified capital cases. No matter the complexity of the issue, Jason commits himself to a client-centered solution where trial success is the default focus. Whatever the forum or the stage of litigation, Jason has the breadth of understanding and skill to advise and navigate any civil, administrative, national security, military court-martial, or criminal matter when the stakes are the highest.

Jason joined The Law Center, P.C. following a successful career as a U.S. Marine Corps Judge Advocate where he held the distinction of being one of the longest continuously serving trial and appellate litigators – litigating some of the highest profile and most complex criminal and national security cases available. Jason has been recognized in that field as a “genius-level attorney and litigator” by one of the most experienced practitioners in that field for more than thirty-five years – even a presiding trial judge himself. During his Marine Corps career, Jason litigated at every level and forum available in the military system. From trial to appellate, administrative to collateral federal attacks, Jason earned the special Marine Corps designation of Master of Criminal Law. Beyond only military criminal work, Jason has also practiced globally throughout Europe and the Middle East conducting investigations and even advising on frontline law of war and engagement issues in active combat.

In addition to litigation, Jason has obtained a specialized Masters of Law (LL.M.) degree in the exploding world of digital evidence, electronic discovery, cybercrime, and cybersecurity litigation. He is routinely sought out by military and civilian litigators throughout the country to consult on matters pertaining to the digital world of litigation as well as national security issues. He maintains an active Top Secret/Sensitive Compartmented Information and completed his military affiliation in the Marine Corps Reserves as a Lieutenant Colonel.

Jason’s practice at The Law Center, P.C. will focus on civilian state and federal criminal defense, military administrative and court-marital defense, national security and security clearance defense, as well as domestic relations and civil litigation matters. Despite his broad legal practice in complex trial and appellate matters, Jason recognizes that every case, big and small, is of vital importance to the individual clients. Regardless of the size of the matter, Jason is committed to bring his wealth of knowledge to successfully resolve the issues for every one of his clients no matter what the case requires.

Jason’s matters have been previously covered in The Washington Post, The New York Times and The Washington Examiner.

¹Prior Representations

• Defended Major Jason Brezler, USMC, a Marine reservist and New York Firefighter, for over two years of litigation before an administrative rehearing seeking his removal from the service. Jason successfully won a unanimous vote in favor of Major Brezler’s retention in the service following the presentation of new digital forensic evidence previously ignored and new evidence of unlawful retaliation by officers at the highest levels of the Marine Corps.
• Managed the litigation branch of the capital defense team defending Ammar al Baluchi before the death penalty prosecution of those accused of planning the 9/11 attacks successfully analyzing troves of digital evidence and discovery produced over decades by the U.S. Government’s highest and most obscure agencies.
• Led the capital defense team defending Abd al-Rahim al-Nashiri accused of allegedly planning the 2000 USS Cole attack following a crisis resulting in the excusal of his learned counsel and civilian attorneys successfully initiating litigation simultaneously at the trial and appellate levels resulting in recusal of the judge and dismissal of two years of tainted rulings.
• Led the defense team representing Nazir Bin Lep for allegedly supporting the 2002 Bali night club bombing and 2003 Marriott bombings in Indonesia. Successfully lead the litigation of a habeas petition against a U.S. Government classified action with the potential to permanently prejudice the client’s due process rights. The success of this action effectively blocked the case from continuing for nearly a year.
• Represented a client falsely accused of a serious crime in a joint trial carrying the possibility of the death penalty for nearly two years resulting in permanent dismissal of all charges for him and his codefendant.
• Petitioned the Supreme Court of the United States in United States v. Tearman seeking the review of Confrontation Clause issues related to the DoD drug testing program.
• Represented well over fifty clients on interlocutory and direct appeal before the Navy-Marine Corps Court of Criminal Appeals and the Court of Appeals for the Armed Forces including the most serious cases involving murder and sexual assaults carrying a life sentence.
• Personally represented or directly oversaw the litigation of over 55 federal criminal cases and more than double that in administrative hearings as the Senior Defense Counsel for an entire Marine Corps base. Over 75% of those federal criminal cases personally represented by him resulted in successful dismissal of the charges prior to trial.
• Led the way for other defense counsel in the Marine Corps as one of the first litigators to file motions attacking perceived attempts by the Commandant to corrupt the military justice system against his clients. He has since been sought out for years following to consult on corruption and unlawful influence issues at the highest levels of the Corps.
• Advised military and Afghan civilians on the creation and implementation of a new central government for the Afghan district government and staff.
• Advised a Marine battalion commander on Law of War and rules of engagement in Afghanistan during active combat and targeting operations.
• Managed the arrest, evidence collection, detention, and prosecution of 56 enemy combatants without incident or complaint. Achieved 100% successful referral for prosecution.
• Prosecuted for and advised commanders on legal matters for over seven Marine units consisting of more than 3,500 Marines and sailors.

1. Prior results are not promises of performance or outcomes and not indicative of any future results or outcomes in your case.

Areas of Practice

• Criminal Defense
• Courts-Martial
• Military Separations
• Veterans Law
• National Security and Clearance Defense
• Administrative Hearings
• DUI/DWI
• Domestic Violence
• Family Law
• Divorce
• Civil Protection Orders
• Extreme Risk Protection Orders
• Parental Responsibilities
• Financial Support
• Custody and Support Modifications
• Military Divorce
• Firearms Law (Purchase denials, permit appeals, FFL Licensing)
• 2nd Amendment Issues

Bar Admissions

• Colorado
• New York
• Nebraska
• Iowa (Inactive)
• U.S. Supreme Court
• U.S. District Court for the District of Nebraska
• U.S. District Court for the Southern District of Iowa
• U.S. Navy-Marine Corps Court of Criminal Appeals
• U.S. Court of Appeals for the Armed Forces
• Military Trial Courts

Education

• Georgetown University Law Center, Washington, District of Columbia
• LL.M. – 2016
• Honors: With Distinction
• Major: Individualized Program (Cybercrime, E-Discovery, Cybersecurity, and Online Privacy Issues
• Creighton University School of Law, Omaha, Nebraska
• J.D. – 2007
• University of Colorado
• B.S.B.A. – 2004
• Honors: summa cum laude

Published Works

• Co-author, “Indefinite detention of foreigners is costing taxpayers a fortune,” Washington Examiner (January 2020)
• Author, “Cracking the Code: The Enigma of the Self-Incrimination Clause and Compulsory Decryption of Encrypted Media,” Georgetown Law Technology Review (March 2017)

Speaking Engagements

• Panelist, Defending National Security Cases, Washington Navy Yard, D.C.

Professional Affiliations

• Adjunct Professor, U.S. Naval Academy, Annapolis, MD

Honors and Awards

• Competitively Selected as Qualified for Service as a Military Judge in the Navy/Marine Corps Trial Judiciary
• Defense Meritorious Service Medal, Navy/Marine Corps Commendation and Achievement Medals, Combat Action Ribbon