Final answer:
Legal assistance under section 1716 of the NDAA for Fiscal Year 2014 is provided by military attorneys or Judge Advocates, in line with Service regulations to ensure proper legal representation for service members, including issues arising from the repeal of DOMA and DADT.
Step-by-step explanation:
The legal assistance referred to in section 1716 of the National Defense Authorization Act for Fiscal Year 2014 typically involves military attorneys, often referred to as Judge Advocates. These attorneys are responsible for providing legal guidance and services to service members in accordance with military law and regulations. The appointment of these attorneys adheres to Service regulations, which dictate how legal support is to be offered to service members, including the contexts in which they may be entitled to legal representation or advice.
For example, issues related to the Defense of Marriage Act (DOMA) saw the Department of Justice halt its defense of DOMA in court cases, affecting service members and their spouses regarding federal recognition. The repeal of 'Don't Ask, Don't Tell' (DADT) is another instance where legal assistance was crucial for service members as they navigated changes in the law and military policies.
In the case of conflicts of interest as identified in Glasser v. United States, where a defense lawyer's conflict arises from representing codefendants, it violates the Assistance of Counsel Clause of the Sixth Amendment, setting a standard for the type of legal aid service members can expect to receive.