How the Pentagon sidelined lawyers while testing the legal limits of military action

[Eugene]

Source: CNN

How the Pentagon sidelined lawyers while testing the legal limits of military action

Oct 15, 2025
PUBLISHED Oct 15, 2025, 5:00 AM ET
By Natasha Bertrand

For weeks earlier this year, the Army’s top uniformed lawyer had been raising legal concerns inside the Pentagon about some of the new policies being rolled out dictating how the military can be used and staffed.

In late January, Lt. Gen. Joe Berger, who had taken the top posting in July 2024, was asked for his advice about the legality of using Texas National Guard soldiers for immigration enforcement. Berger told Army chief of staff Gen. Randy George that he was skeptical and wanted more information about whether the soldiers were properly trained for that kind of mission, according to a former senior defense official and another person familiar with his actions.

He was told by the department’s acting general counsel, Charlie Young, to stop meddling in state affairs, the sources said.

Then, in early February, Berger and his team began asking questions of civilian leaders about the legality of firing huge swaths of probationary Defense Department employees, which was being pushed at the time by the Elon Musk-led Department of Government Efficiency. Defense officials across the services were raising concerns that the summary firings could break the law and potentially harm the US military’s ability to fight.

-snip-

Read more: https://us.cnn.com/2025/10/15/politics/pentagon-lawyers-sidelined-jags