FORMER JAG WORKING GROUP

Summary:  This statement reviews media reports that U.S. forces conducted strikes on a narcotrafficking vessel and then conducted a second strike on surviving individuals in the water. It explains that, if accurate, such actions would violate both international humanitarian law and U.S. criminal law by targeting persons rendered unable to fight ("hors de combat"). It summarizes applicable Geneva Conventions rules, the Hague prohibition on “no quarter” orders, and relevant U.S

Summary:  This memo outlines the military legal process applicable to potential charges under the Uniform Code of Military Justice. It explains investigative steps, convening authority rules, the prohibition on unlawful influence, and the standards for lawful vs. unlawful orders. It concludes that the actions described in Senator Kelly’s video do not constitute UCMJ offenses based on available information and provides an overview of applicable UCMJ articles, possible charges,

Summary:  This internal legal review analyzes the Office of Legal Counsel’s opinion permitting military judge advocates to serve as immigration judges and Special Assistant U.S. Attorneys. The memo summarizes OLC’s rationale under the Economy Act and the Posse Comitatus Act (PCA), then outlines concerns regarding the continued applicability of the Uniform Code of Military Justice, potential PCA violations, due process implications, risks to judicial independence, lack of immi

Summary:  This memo assesses trends in domestic military deployments and identifies potential future uses of armed forces, including operations against designated “domestic terrorism” threats and military presence near polling places. It outlines legal constraints such as the Posse Comitatus Act, the War Powers Resolution, criminal statutes governing elections, and judicial limits on nationwide injunctions. It recommends congressional action including statutory amendments, fu

Summary:  This legal review models the advice a staff judge advocate would provide regarding planned lethal strikes on suspected narcotics-trafficking vessels. It concludes there is no domestic legal basis under the Constitution, federal statutes, or the War Powers Resolution, and no international legal basis under self-defense, armed-conflict law, or the law of targeting. It states that drug smugglers do not qualify as lawful military targets and that lethal strikes could ex

Summary: This memo analyzes the legality and prudence of detailing up to 600 military judge advocates to serve as immigration judges. It outlines concerns under the Posse Comitatus Act, constitutional due-process requirements, risks of perceived bias, and effects on public trust. It also identifies operational risks associated with removing large numbers of JAGs from military units. The memo concludes that the practice is likely unlawful and undermines both due process and mi

Summary:  This memo raises two initial concerns following the removal of the Army and Air Force Judge Advocates General: (1) whether the new Army TJAG's continued service in an elected office violates Department of Defense regulations, and (2) whether using National Guard judge advocates as immigration judges is appropriate under the Posse Comitatus Act. It recommends strengthening TJAG independence, conducting congressional oversight, and reviewing domestic military deployme

Summary:  This legislative proposal outlines statutory changes to protect the independence, rank, and availability of the Judge Advocates General and military legal professionals. It recommends restoring three-star rank for TJAGs, imposing “good cause” removal protections, ensuring commanders have access to legal advice, and strengthening statutory guarantees preventing interference with JAG counsel. The proposal’s goal is to reinforce legal safeguards that support lawful, ef