How Firing the Military’s Top Lawyers Could Impact Operations
Retired Army Lt. Gen. James Dubik joins Soledad O’Brien to explain what’s at stake.
Updated: 10:16 PM CST Mar 8, 2025
THAT STORY RIGHT NOW ON MATTER OF FACT. THEY’RE CALLED JAG OFFICERS, JUDGE ADVOCATE GENERAL’S LAWYERS WHO SERVE IN THE MILITARY. RECENTLY, THE TRUMP ADMINISTRATION FIRED THE TOP JAG OFFICERS. DEFENSE SECRETARY PETE HEGSETH SAID HE WAS REPLACING THEM BECAUSE HE DIDN’T THINK THE PEOPLE IN THE ROLES WERE WELL SUITED TO PROVIDE RECOMMENDATIONS WHEN LAWFUL ORDERS ARE GIVEN. RETIRED ARMY LIEUTENANT GENERAL JAMES DUBIK IS A SENIOR FELLOW AT THE INSTITUTE FOR THE STUDY OF WAR. THANK YOU FOR JOINING ME. WELCOME. THANKS, SOLEDAD. SO LET’S START WITH WHAT THE JAG OFFICERS ACTUALLY DO. JAGS HAVE TWO MAJOR FUNCTIONS, ONE OPERATIONAL AND ONE INSTITUTIONAL. THE OPERATIONAL FUNCTION HELPS COMMANDERS USE MILITARY FORCES. A WITHIN THE LAWS OF LAND WARFARE, WHICH IS IMPORTANT. BUT THEY ALSO HELP EXECUTE MILITARY OPERATIONS. I’LL GIVE YOU AN EXAMPLE. FROM WHEN I WAS IN BOSNIA, WE USED OUR JUDGE ADVOCATE GENERAL SECTION TO HELP US IDENTIFY BOSNIAN POLITICAL LEADERS THAT WERE ANTI DAYTON, WORKING AGAINST THE DAYTON ACCORDS. THE PEACE AGREEMENT THAT WAS NEGOTIATED TO END THE WAR IN THE FORMER YUGOSLAVIA. AND THROUGH THE USE OF THE JUDICIAL PROCESS, WE WERE ABLE TO TAKE THEM OUT OF OFFICE OR INTIMIDATE THEM TO BE MORE IN LINE WITH THE DAYTON ACCORDS. THIS IS A VERY IMPORTANT OPERATIONAL TOOL THAT DEPLOYED JAGS HELP YOU WITH IN GARRISON. THEY HELP US RUN THE MILITARY JUDICIAL SYSTEM AS A COMMANDER. I WAS RESPONSIBLE FOR GOOD ORDER AND DISCIPLINE IN THE UNITS THAT I COMMANDED AND THE THE LAWYERS ACT AS PROSECUTORS TO MAKE SURE THAT THE SOLDIERS RIGHTS AS AN AMERICAN ARE PROTECTED EVEN DURING THE JUDICIAL PROCESS IN THE MILITARY. SO WITH THESE TOP LEADERS ALL BEING OUSTED AT THE SAME TIME, WHAT ARE POTENTIALLY THE IMPLICATIONS? I WORRY ABOUT THE TRICKLE DOWN EFFECT ON THE REST OF THE LAWYERS. WHAT ARE THEY LEARNING FROM THIS? HOW WILL THAT AFFECT HOW WELL THEY DEFEND A SOLDIER OR REPRESENT A COMMANDER? I ALSO WORRY ABOUT THEIR PERSPECTIVE ON THE ADVICE THEY WILL GIVE ME NOW. I’M RETIRED NOW, BUT THEY HAD GIVEN ME AS AN OPERATIONAL COMMANDER ON WHERE THE LIMITS OR WHERE THE PERMISSIONS ARE IN THE IN THE LAW OF LAND WARFARE, WHICH ARE VERY IMPORTANT BECAUSE WE, WE FIGHT WITH A CERTAIN SET OF VALUES. WHEN I DEPLOY TO HAITI OR BOSNIA OR IRAQ, I WORE AN AMERICAN FLAG ON MY SHOULDER. AND THE JAGS ARE VERY HELPFUL IN MAKING SURE THAT OUR MILITARY OPERATIONS ARE CONDUCTED IN SUCH A WAY THAT THEY REPRESENT OUR VALUES. WILL IT BE HARD TO REPLACE THOSE JAG OFFICERS WHO ARE NOW OUT WITH PEOPLE WHO ARE QUALIFIED? WELL, FIRST OF ALL, DAD, THE PEOPLE ELIMINATED WERE FULLY QUALIFIED, BUT THEY CAN BE REPLACED. WE WILL NOT LOSE A BUNCH OF PROFICIENCY UNLESS THE REPLACEMENTS ARE CHOSEN BECAUSE OF LOYALTY TO THE ADMINISTRATION RATHER THAN COMPETENCY IN THE JOB. THAT WILL HAVE A DETRIMENTAL EFFECT. I THINK MOST OF THE POSITIONS THAT HAVE BEEN TAPPED BY PRESIDENT TRUMP HAVE BEEN PEOPLE WHO ARE LOYAL TO PRESIDENT TRUMP. WELL, I MEAN, EVERY, EVERY PRESIDENT DESERVES TO HAVE A STAFF LOYAL TO HIM. THE ISSUE IS, IS, IS LOYALTY BALANCED WITH COMPETENCY? AND IF THE PERSON IS COMPETENT AND LOYAL, THEN, YOU KNOW, WE SHOULD BE ABLE TO WORK WELL AS AN INSTITUTION. IF THE COMPETENCY LEVEL GOES AWAY OR TOO LOW, AND LOYALTY IS THE PRIMARY FUNCTION THAT MAY HAVE AN EFFECT ON THE QUALITY OF LEGAL ADVICE THAT THE JAG GIVES TO THE CHIEF OF SERVICE, OR THE JAG GIVES TO THE SECRETARY OF THE SERVICE. RETIRED LIEUTENANT GENERAL JAM
How Firing the Military’s Top Lawyers Could Impact Operations
Retired Army Lt. Gen. James Dubik joins Soledad O’Brien to explain what’s at stake.
Updated: 10:16 PM CST Mar 8, 2025
Judge Advocate General (JAG) officers are called the “conscience of the military.” They are lawyers who serve in the armed forces. Their role includes ensuring the military adheres to U.S. laws and values during overseas operations and making sure justice is served within the military’s judicial system. Recently, the Trump administration fired the top JAG officers. Retired Army Lt. Gen. James Dubik worked with JAG officers during his deployments overseas. He joins Soledad O’Brien to explain what’s at stake.
Judge Advocate General (JAG) officers are called the “conscience of the military.” They are lawyers who serve in the armed forces. Their role includes ensuring the military adheres to U.S. laws and values during overseas operations and making sure justice is served within the military’s judicial system. Recently, the Trump administration fired the top JAG officers. Retired Army Lt. Gen. James Dubik worked with JAG officers during his deployments overseas. He joins Soledad O’Brien to explain what’s at stake.