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.

A Minnesota judge has determined that military lawyers can legally assist the Department of Justice in prosecuting civilians for offenses unrelated to military matters. This ruling came as Paul Johnson challenged his prosecution by a military lawyer, questioning its legality under the Posse Comitatus Act.

Johnson was charged with assaulting a customs agent amid heightened immigration enforcement under the Trump administration. His legal team argued against the involvement of JAG lawyers, citing limitations imposed by both the Posse Comitatus Act and Department of Defense regulations.

Despite the support of 11 former JAG lawyers, U.S. Magistrate Judge Shannon Elkins ruled that exceptions in federal law permit such appointments. Elkins acknowledged regulatory violations but stated she lacked the authority to remove the military lawyer from the case, prompting Johnson's intent to appeal.