Fort McNair, Washington D.C. — The Army officer once known for standing at the center of two of the most high-profile courts-martial in recent military history is now facing his own day in court.
Lieutenant Colonel Justin C. Oshana, a career Judge Advocate General (JAG) officer who once served as a defense attorney for convicted Fort Hood shooter Nidal Hasan and later as the lead prosecutor in the Army’s case against Bowe Bergdahl, has been charged with multiple violations of the Uniform Code of Military Justice (UCMJ).
According to the Army’s official court docket, Oshana’s Article 32 preliminary hearing is scheduled for October 3, 2025, at Fort Lesley J. McNair in Washington, D.C. The hearing will be held in the Office of the Staff Judge Advocate’s conference room.
The Charges
Court records show Oshana faces a long list of allegations:
- Article 111 (x1): Drunken or reckless operation of a vehicle.
- Article 120 (x2): Two counts of sexual assault–related offenses.
- Article 128 (x6): Six counts of assault.
- Article 133 (x2): Two counts of conduct unbecoming an officer.
In total, Oshana is charged with 11 specifications across four separate UCMJ articles.
A Storied Legal Career
Oshana’s name has appeared in military courtrooms before, but always on the other side of the aisle. Early in his career, he was part of the defense team representing Major Nidal Hasan, the Army psychiatrist convicted for the 2009 Fort Hood shooting spree that killed 13 service members.
Years later, Oshana became a nationally recognized figure as the lead trial counsel in the controversial case of Army Sergeant Bowe Bergdahl, who walked away from his outpost in Afghanistan in 2009 and was held captive by the Taliban for five years. The case sparked political firestorms after Bergdahl’s release in 2014, and Oshana was the government’s lead voice in court pushing for punishment.
Between high-profile trials, Oshana also served as an Assistant U.S. Attorney in Philadelphia, prosecuting federal cases while continuing his service as an Army Reserve JAG officer.
On August 13, 2025, his name appeared on a Pennsylvania Supreme Court “Inactive and Administrative Suspension” attorney list, a status commonly applied for administrative reasons such as unpaid dues or continuing legal education noncompliance. In 2022, the Army JAG Corps publicly announced his promotion to Lieutenant Colonel.
What’s Next
At the October 3rd Article 32 hearing, an Investigating Officer will review evidence and testimony to determine whether probable cause exists to refer the charges to a general court-martial. While the hearing itself may be open to the public, cases involving Article 120 charges (sexual assault) are often restricted in part to protect the privacy of victims and witnesses.
If referred to a general court-martial and convicted, Oshana faces penalties ranging from dismissal from the Army to significant confinement, particularly for the Article 120 charges.
A Fall From the Prosecutor’s Table
For soldiers who remember the Bergdahl trial, the sight of Oshana’s name on the Army docket now carries an air of irony. Once the face of military prosecution in one of the Army’s most controversial cases, he now finds himself on the receiving end of the same legal system he helped represent.
The Salty Soldier will continue to track this case as it develops.
© 2025 The Salty Soldier. All Rights Reserved.
Reproduction of this content without permission is prohibited.
