Judge Advocates General (JAGs)
9 Articles
Legal Foundations of Honorable Military Service
As former judge advocates, it was our responsibility while on active duty to advise on the legal demands of and limits on senior officers’ authority and responsibility.
Cuba Libre: One Man’s Morality or Our Law?
We former JAGs must find new ways to examine, protest, and talk to our fellow Americans about this administration’s flagrant and accelerating misuse of the armed forces.
Hypothetical Legal Review of Use of the U.S. Military in Greenland
This hypothetical legal review imagines what a senior judge advocate’s legal analysis would be if ordered to plan a U.S. military operation in Greenland without Denmark's consent.
Hypothetical Legal Review on Judge Advocates Serving as Immigration Judges
A hypothetical legal review examining the OLC's legal basis for having Judge Advocates serve as immigration judges.
Professional Responsibility and the Boat Strikes
Legal and ethical debates surge around unreleased OLC memo on lethal boat strikes in the Caribbean, with growing calls for transparency and scrutiny of military lawyers.
Defense Secretary Pete Hegseth’s War with the Rules of Engagement
Hegseth’s attack on the ROE demonstrates a dangerously limited – and legally incorrect – view about these rules and what they are for.
The Crisis in Uniform: The Danger of Presidential Immunity for the U.S. Military
Military personnel are increasingly alert to the prospect that they may be asked to prioritize loyalty to an individual over their legal rights and responsibilities.
What To Do About Lt. General (retired) Flynn: Military Justice and Civil-Military Relations Considerations
Flynn's recent conduct has raised new questions about retiree court-martial jurisdiction. Yevgeny Vindman and Dan Maurer make the legal and policy argument for a court-martial.…
![A collage of tweets and statements. The first statement by Mike Mullen, Seventeenth chairman of the Joint Chiefs of Staff reads on June 2, 2020, “I cannot remain silent. Our fellow citizens are not the enemy.” A tweet from Admiral Mike Franken, no date, reads, “I’m a retired three-star admiral running for United States Senate in Iowa. The military is a tool of last resort to defend our nation. It is not a weapon to use against our citizens or our states.” A tweet from Tony Thomas on June 1, 2020 reads, “The ‘battle space’ of America??? Not what America needs to hear…ever, unless we are invaded by an adversary or experience a constitutional failure…ie a Civil War…” A tweet from retired General Martin E. Dempsey, no date, reads, “America’s military, our sons and daughters, will place themselves at risk to protect their fellow citizens. Their job is unimaginably hard overseas; harder at home. Respect them, for they respect you. America is not a battleground. Our fellow citizens are not the enemy. #BeBetter” A tweet from General Michael Hayden, no date, reads, “I was appalled to see him in his battle dress. Mi [cut off] a general?!?) should not have walked over to th [cut off] with Trump.” A tweet from Mark Hertling reads, “’Dominating the battle space,’ democratic values.” A tweet from Berry R McCaffrey on June 1, 2020 reads, “On MSNBC. Monday. 1 June. 11 pm ET. Brian Williams. Trump and the Insurrection Act. The murder of George Floyd by a police officer was the spark that detonated the anger at injustice. Using military forces other than Nat Guard would be inflammatory.” A tweet by @stavridisj, no date, reads, “American tradition says the use of active duty [cut off] to quell domestic disputes should be absol [cut off] resort and done at the request of not over the [cut off] objection of governors. I agree with that – th [cut off] role for the National Guard not active duty.” The last statement comes from an article by Jeffrey Goldberg and reads, “James Mattis denounces President Trump, describes him as threat to the Constitution. In an extraordinary condemnation, the former defense secretary [cut off] protestors and says the president is trying to turn Americans against [cut off] another.”](https://i0.wp.com/www.justsecurity.org/wp-content/uploads/2020/06/Mattis-collage.jpg?fit=1024%2C483&ssl=1)
The Generals’ Constitution
When retired senior military officers “break ranks” to publicly criticize current political affairs, they often invoke a defense of the Constitution. In light of their oaths…
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