WASHINGTON, D.C. — House Republicans removed a provision that would have restricted the use of uniformed military lawyers as immigration judges and special U.S. attorneys from the annual defense policy bill. The House Armed Services Committee voted 31 to 26 to reject the provision.
U.S. Representative Jason Crow introduced the amendment during the committee's markup of the National Defense Authorization Act. The proposed amendment would have clarified that the judge advocate general's corps could only be assigned to military-related duties within U.S. law.
Crow said, "Our JAGs advise commanders in some of the most consequential decisions our military makes, from combat operations, to targeting authorities, to rules of engagement, military justice, personnel matters, and international law. They are a limited and specialized resource. Their time should be focused on matters that directly affect military operations, unit cohesion, command authority, and mission effectiveness."
The Trump administration has assigned JAGs to oversee immigration courts and appointed them as special U.S. attorneys to investigate fraud and abuse in Minneapolis. They have also been tasked with prosecuting violent crimes during domestic National Guard deployments. Earlier this year, Defense Secretary Pete Hegseth implemented reforms to the JAG corps, dismissed the military's top lawyers, and reduced civilian legal staff.
U.S. Representative Mike Rogers said, "This is a direct attack on the administration, which has used judge advocates in multiple ways to protect national security priorities for the president. Judge advocates have served as special assistants to U.S. attorneys for years. I trust that the Secretary of Defense, with the help of the Joint Staff, may deploy judge advocates across the United States and the world to ensure the rule of law is followed."
Retired Air Force lawyer Steve Lepper said, "I think it's basically restoration of the limits that posse comitatus places on the military. When you come right down to it, using the military in a prosecutorial or judicial capacity for cases that have nothing to do with the military is basically a violation of posse comitatus." Lepper added, "What Mr. Crow offered was basically a way to achieve what Hegseth said he wants, which is JAGs to do JAG jobs. In this case, I guess the majority in the House Armed Services Committee felt that JAGs should be used for things other than what they are in the military to do."
The Posse Comitatus Act prohibits the use of the military for federal law enforcement duties. Precedent also exists for uniformed lawyers to prosecute U.S. citizens.