The Hon. James E. Baker, Professor of Law and Director of the Syracuse Institute for Security Policy and Law, recently spoke on the topic of military legal guidance during a Center for a New American Security event. There is concern that the Trump administration is ignoring legal advice from JAGs regarding National Guard deployments and military strikes against cartels.
“One of the things I fear might be happening here is that the judge advocates in this instance may be providing proper means and methods advice, but I sense that the administration has gone to the Department of Justice and asked the Office of Legal Counsel to override whatever advice is being given by the judge advocates,” said Baker, former chief judge of the U.S. Court of Appeals for the Armed Forces.
Baker said commanders should have the courage to stand up to illegal orders.
“If the JAG advised it was unlawful, the commander owns it now,” Baker said. “So, if you think there’s something that is unlawful, you need to say so. And that’s a point when you put your stars on the table.”