Bulwark Takes Trump Wants JAGs as Immigration Judges. That’s a Disaster. | Command Post
Feb 12, 2026
Margaret Donovan, former military lawyer and federal prosecutor who advised special forces and lectures at Yale Law School, explains what happens when JAGs are pulled from units into civilian immigration roles. Short takes on how JAG duties support commanders, risks to readiness and due process, the mismatch with immigration courts, and recruiting and legal consequences.
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Removing JAGs Harms Unit Readiness
- Pulling hundreds of JAGs into DOJ duties will hollow out unit legal capacity and harm command decision-making.
- Mark Hertling warns this reduces discipline, morale, and commanders' access to essential legal advice.
Sousa Role Was A Niche, Valuable Assignment
- Margaret Donovan describes being a Sousa prosecuting misdemeanors on a military installation as a common, niche JAG assignment.
- She calls it efficient and enjoyable but emphasizes it's only one small part of a JAG's duties.
Inexperience Will Produce Legal Failures
- Embedding 30–40 JAGs into civilian U.S. attorney offices risks serious appellate and procedural errors.
- Donovan predicts suppressed warrants, no true bills, and mistakes from inexperienced prosecutors.