ICE in Minnesota: Concerns over use of JAG Corps attorneys for criminal prosecutions

Military attorneys prosecuting civilian cases in MN

Concerns are arising as the Trump administration is using military attorneys to prosecute civilian cases in Minnesota. FOX 9's Paul Blume has the latest. 

(FOX 9) - A group of former military attorneys are raising alarms about military lawyers prosecuting civilian criminal cases in federal court.

Military attorneys in Minnesota

What we know:

The U.S. Attorney's Office in Minnesota, facing staffing challenges, has brought in military lawyers, known as Judge Advocate General (JAG) attorneys, to help with both civil and criminal cases.

Some of these attorneys, including one without prior federal court experience, have faced challenges, including being held in contempt.

However, their involvement in prosecuting civilian criminal cases has sparked concern among some former military lawyers.

What they're saying:

"We think by doing so, by using military attorneys, it is a dangerous risk to the Republic. It's using the rule of force and not the rule of law to execute the laws of the United States," said John Marti, a former military attorney.

Marti, who began his legal career in the Marine JAG Corps before moving onto the U.S. Attorney’s Office in Minnesota, is part of a group of 11 distinguished, former military attorneys opposing the use of current military lawyers in civilian criminal cases.

"This isn't anything new," explained Marti. "This strikes at the foundation of how we use the military to defend the Republic but not to enforce the laws."

Demanding removal of JAG attorney from case

Dig deeper:

The group’s motion seeks the removal of Army JAG Corps member, Michael Hakes-Rodriguez from prosecuting a felony assault case where it is alleged the defendant attacked federal agents during the height of Operation Metro Surge.

The group argues that deploying JAGs to prosecute civilians in federal court erodes democratic norms and improperly involves the military in civilian law enforcement. 

"This is a threat that's been identified by our Founding Fathers at the formation of the Republic who put barriers, tried to separate use of military force and prevent it from being used against the citizenry," Marti says.

The other side:

Meanwhile, the Department of Justice (DOJ) points to a legal memorandum supporting the deployment of JAG attorneys as Special Assistant U.S. Attorneys for nonmilitary matters.

"The Posse Comitatus Act does not preclude the use of military attorneys as immigration judges or Special Assistant United States Attorneys provided the details occur on a full-time basis and the detailees operate fully under civilian control and supervision," concluded the memo which was signed by Assistant Attorney General T. Elliot Gaiser. 

What's next:

A hearing is scheduled for early next month to address the removal of the Army JAG attorney from the case.

The defendant, Paul Johnson, and his legal team are also seeking the disqualification of Hakes-Rodriguez along similar legal arguments.