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Documents and Essays
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
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
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
First Memorandum to Congress: Guardrails on Employment of Military Judge Advocates
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
Former JAG Working Group
Jul 17, 20251 min read
Proposal: Judge Advocate General Independence Act of 2025
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
Former JAG Working Group
Feb 21, 20251 min read
Statement on the Importance of the JAG Corps
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
Former JAG Working Group
Feb 1, 20251 min read
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