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Congress Must Define ‘Unlawful Order’ Under Military Law
Congress must clarify 'unlawful orders' to safeguard military integrity amidst rising tensions and unclear directives.
Former JAG Working Group
Jan 817 min read


Opinion | Why Pete Hegseth can't reduce Mark Kelly's rank and pay
Hegseth's attempt to demote Kelly undermines military retirement protections and threatens free speech for veterans.
Former JAG Working Group
Jan 64 min read
Statement on the United States’ “Covert” Attack on Venezuela
Summary: This statement raises serious legal concerns regarding a reported December 2025 U.S. covert strike on Venezuelan territory. It questions whether drug trafficking can lawfully be treated as an “armed attack” justifying the use of force under international law and whether the strike unlawfully violated Venezuela’s sovereignty. It further examines whether the operation triggered an international armed conflict, thereby exposing U.S. forces to lawful retaliation and heig
Former JAG Working Group
Jan 51 min read


Former military lawyer calls U.S. boat strikes ‘murder’
A former military lawyer labels U.S. boat strikes as murder, igniting debates on military ethics and accountability.
Former JAG Working Group
Dec 15, 20251 min read


Ex-JAG Officer: Hegseth not being in room for strikes is hard to believe
Former JAG officer critiques Hegseth's absence during critical military decisions, raising serious accountability concerns.
Former JAG Working Group
Dec 10, 20251 min read


Experts accuse Trump admin of leaving top admiral 'exposed' to legal consequences: report
Experts warn Trump’s admiral may face legal fallout alone over a controversial military strike that raises ethical concerns.
Former JAG Working Group
Dec 10, 20252 min read


U.S. Boat Strike Campaign: Questions Congress Should Ask
The article explores critical questions Congress must consider regarding the U.S. military's boat strikes targeting drug traffickers.
Former JAG Working Group
Dec 10, 202528 min read


"Kill All Crew Members": Margaret Donovan on Hegseth's Alleged Lethal Boat Strike Order
Margaret Donovan discusses Hegseth's controversial order, raising concerns over potential war crimes and military accountability.
Former JAG Working Group
Dec 10, 202514 min read


Retired US Army JAG officer says Trump admin committed 'murder'
Dan Maurer critiques the Trump admin for ordering a lethal strike on shipwrecked survivors, calling it murder and illegal.
Former JAG Working Group
Dec 10, 20252 min read


Retired Ma. Gen. Steven Lepper on Military Strikes on Alleged Drug Boats
Retired Gen. Steven Lepper discusses military responses to drug trafficking via boats, highlighting security implications.
Former JAG Working Group
Dec 7, 20251 min read


What happens inside a command center during a military strike?
Inside military command centers, leadership makes critical, real-time decisions during strikes, influencing global security.
Former JAG Working Group
Dec 3, 20256 min read


Hegseth's Deadly Fiasco: Eugene Fidell Explains
After a controversial September 2 strike on a Venezuelan boat, legal experts question military actions and accountability.
Former JAG Working Group
Dec 3, 202520 min read


Professional Responsibility and the Boat Strikes
Legal debates surrounding the boat strikes highlight critical implications for military lawyers' responsibilities and ethics.
Former JAG Working Group
Dec 1, 202518 min read


War Crime...or Murder?
Pentagon's order to kill survivors in a drug-trafficking operation raises questions of legality and moral accountability.
Former JAG Working Group
Dec 1, 20255 min read
Statement on "No Quarter" Orders in Caribbean Boat Strikes
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.
Former JAG Working Group
Nov 29, 20251 min read


Trump's case against Senator Mark Kelly faces steep hurdles under military law
Trump's threats to court-martial Senator Kelly over troop disobedience claims face major legal challenges ahead.
Former JAG Working Group
Nov 27, 20253 min read
Statement on UCMJ Investigation of Senator Mark Kelly
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,
Former JAG Working Group
Nov 24, 20251 min read
Third Memorandum to Congress: Anticipated Military Uses and Legal Risks
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, fun
Former JAG Working Group
Oct 7, 20251 min read
Hypothetical Legal Review: Counternarcotic Airstrikes ("Operation Reciprocity")
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 exp
Former JAG Working Group
Oct 1, 20251 min read
Second Memorandum to Congress: Detailing JAGs as Immigration Judges
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
Former JAG Working Group
Sep 8, 20251 min read
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