[Infowarrior] - Control sought on military lawyers

[Richard Forno]

Control sought on military lawyers
Bush wants power over promotions
Email|Print| Text size ­ + By Charlie Savage
Globe Staff / December 15, 2007

WASHINGTON - The Bush administration is pushing to take control of the
promotions of military lawyers, escalating a conflict over the independence
of uniformed attorneys who have repeatedly raised objections to the White
House's policies toward prisoners in the war on terrorism.

The administration has proposed a regulation requiring "coordination" with
politically appointed Pentagon lawyers before any member of the Judge
Advocate General corps - the military's 4,000-member uniformed legal force -
can be promoted.

A Pentagon spokeswoman did not respond to questions about the reasoning
behind the proposed regulations. But the requirement of coordination - which
many former JAGs say would give the administration veto power over any JAG
promotion or appointment - is consistent with past administration efforts to
impose greater control over the military lawyers.

The former JAG officers say the regulation would end the uniformed lawyers'
role as a check-and-balance on presidential power, because politically
appointed lawyers could block the promotion of JAGs who they believe would
speak up if they think a White House policy is illegal.

Retired Major General Thomas Romig, the Army's top JAG from 2001 to 2005,
called the proposal an attempt "to control the military JAGs" by sending a
message that if they want to be promoted, they should be "team players" who
"bow to their political masters on legal advice."

It "would certainly have a chilling effect on the JAGs' advice to
commanders," Romig said. "The implication is clear: without [the
administration's] approval the officer will not be promoted."

The new JAG rule is part of a set of proposed changes to the military's
procedures for promoting all commissioned officers, a copy of which was
obtained by the Globe. The Pentagon began internally circulating a draft of
the changes for comments by the services in mid-November, and the
administration will decide whether to make the changes official later this
month or early next year.

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