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Originally published: Here Written by Gene Fidell and Steven Lepper With the unprecedented gathering of general and flag officers and their senior enlisted advisers at Quantico now in the rearview, one thing is certain: at no time since 1860 have military leaders confronted such a grave challenge to their oath to support and defend the Constitution. There are two fundamental principles each member of the military learns when he or she takes the oath of office: first, that su

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