Documents and Essays

21 April 2026 FROM: The Former Judge Advocates Working Group SUBJECT: The Insurrection Act and Military Personnel at Polling Places In our Third Memorandum dated 7 October 2025, the Former JAGs Working Group alerted Congress to two potential threats to our democracy involving the (mis)use of our military: (1) the targeting of Americans under the pretense that they are members of “domestic terror organizations” such as “Antifa,” and (2) the intimidation of voters by posting tr

Please Note that the full PDF includes footnotes please view that version for full context. Legal Foundations of Honorable Military Service The Former JAGs Working Group Perspective The Nation’s senior military officers are increasingly confronted with orders and decisions that challenge their oath 1 to support and defend the Constitution. Most have likely wrestled with what they would do if such orders were to cross their own legal, ethical, and moral redlines. As former ju

The downing of a US Air Force F-15E with two crewmembers is at the top of the news. Fortunately, one crewmember has been rescued. The Former JAGs Working Group – attorneys who have served as military judge advocates and have united to oppose the Trump Administration’s systematic dismantling of the military’s legal, ethical, and moral guardrails – hopes the US rescue efforts underway will result in the missing crew member’s quick recovery. If that doesn’t happen and Iranian mi

The Former JAGs Working Group was created in February 2025 when the Secretary of Defense fired The Judge Advocates General of the Army and Air Force for the purpose of eliminating them as obstacles to the policy initiatives he and the president intended to advance. His exact words: to eliminate them as “roadblocks to orders that are given by a commander in chief.” As we work to rebuild the military’s legal, moral, and ethical guardrails this administration has systematically

16 January 2026 FOURTH MEMORANDUM TO MEMBERS OF CONGRESS AND STAFF FROM: The Former Judge Advocates Working Group SUBJECT: Invading Greenland Just as we did when we served in uniform, our group of former and retired judge advocates works alongside many distinguished civilian lawyers whose own honorable government service contributed greatly to our national security. Today, we are proud and pleased to oRer the thoughts of one of our advisor-members, The Honorable Alberto J. Mo

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

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 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

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 deploymen

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, eff

Summary: This statement explains the role of the Judge Advocate General Corps in maintaining military discipline, ethical leadership, operational legality, and international credibility. It outlines the link between legal compliance and military effectiveness and warns that recent decisions affecting JAG independence may erode commanders’ access to legal advice. It recommends that future TJAG nominees affirm their commitment to lawful military operations and that commanders c