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    May 29, 2025 Law and National Security

    JAGs help ensure the rule of law, retired rear admiral says

    Retired Rear Adm. James E. McPherson discussed at a recent ABA event the important role of judge advocates general in ensuring national security and the impact of recent firings of JAGs.

    Former National Security Council legal adviser John B. Bellinger III moderated the conversation at a May 28 luncheon sponsored by the ABA Standing Committee on Law and National Security at the Army and Navy Club in Washington, D.C.

    McPherson, a former JAG of the Navy and former Army undersecretary during the first Trump administration, spoke about the Feb. 21 firings of JAGs and top military officers including Chairman of the Joint Chiefs of Staff Gen. Charles Brown; Adm. Lisa Franchetti, the first woman to serve as chief of naval operations; and Gen. James Slife, the vice chief of staff of the Air Force.

    McPherson said the administration “has failed to point to any evidence that would support the notion that the TJAGs somehow failed in their duties or in their responsibilities.” TJAG refers to the highest-ranking legal professional in the various branches of the military.

    Adding that there are misconceptions by presidential administrations about officers who are promoted during prior administrations, McPherson said as professional military officers, “they are not politicians; they have no political leanings.”

    McPherson said JAGs are vital to national security. “They ensure the rule of law in operational environments. Adherence to the rule of law is essential as a disciplined force for the effective and efficient application of force enabler. They are not roadblocks.”

    McPherson shared a quote from a retired four-star general who said the advice he received from JAGs was essential in helping him to make “informed decisions.” He never considered the advice a “hindrance.”

    McPherson said various organizations are pushing for Senate hearings to be held for the selection of new TJAGs because of the rumored line of political questioning that is happening in interviews, which McPherson characterizes as “inappropriate.” He said hearings would shed light on how the selection process occurred and would get the nominees on record that they will adhere to the rule of law.

    “That is, if they’re being asked to do something that they believe is unlawful or unconstitutional that they will refuse to do it,” McPherson said. “I think it is important to get that commitment from the nominee, and we’re not going to get that commitment unless they’re on the record and testifying before the Senate Armed Services Committee.”

    The luncheon was broadcasted on C-SPAN2.

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