US EditionUS Justice Department can use military lawyer to prosecute civilian, judge rules
The judge said Congress authorized the appointments, rejecting claims that military lawyers in civilian cases violate the Posse Comitatus Act.
- On Friday, U.S. Magistrate Judge Shannon Elkins ruled that assigning military lawyers to prosecute civilians does not violate federal law, rejecting claims the practice infringes on statutory restrictions.
- The Defense Department assigned Judge Advocate General lawyers to assist the U.S. Attorney's Office in Minnesota during a January immigration surge, following prior deployments in Washington and Tennessee.
- Paul Johnson challenged his prosecution citing the 1878 Posse Comitatus Act, while 11 former JAG lawyers filed a brief arguing the government "has crossed a perilous line."
- Elkins found Congress created statutory exceptions allowing the attorney general to appoint military personnel as special assistant U.S. attorneys; Kevin Riach, a lawyer for Johnson, plans to appeal.
- Although Defense Department regulations describe such civilian prosecutions as "ill-advised," Elkins concluded those rules do not grant her authority to disqualify the military attorney.
13 Articles
13 Articles
Minnesota Judge Rules DOJ May Use Military Lawyers in Civil Prosecution
A Minnesota judge ruled on May 1 that the government’s use of military lawyers to assist the Department of Justice (DOJ) in prosecuting civilians in Minnesota is lawful under federal law. The ruling by U.S. Magistrate Judge Shannon G. Elkins stemmed from the case of Paul Johnson, a Minnesota resident who was charged in January with assaulting Customs and Border Protection (CBP) officers during immigration enforcement in the state. Johnson’s lawy…
Legal Battle Over Military Lawyers in Civilian Courts
A Minnesota judge ruled that military lawyers can assist in prosecuting civilians for non-military offenses, despite challenges to this practice by Paul Johnson and support from former JAG lawyers. The decision stems from exceptions to the Posse Comitatus Act, allowing such appointments by the U.S. attorney general.
Judge's decision supports Trump administration, allowing use of military judges in cases not involving armed forces
US Justice Department can use military lawyer to prosecute civilian, judge rules
The Trump administration's assignment of military lawyers to help the Department of Justice prosecute civilians for offenses unrelated to the military cannot be prevented by a court as it does not violate federal law, a Minnesota judge ruled on Friday.
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