Bush’s action would politicize JAG appointments

Col. Daniel B. McElwain Jr.
Published: November 27, 2008

The media recently reported that President George W. Bush is trying to place some of his appointees in career Civil Service positions.

Does this violate the established process for filling those positions? Can a President Barack Obama reverse such decisions?

Earlier, the Bush administration was considering taking control of the promotions of military lawyers because the JAG corps raised objections to the White House’s policies toward terrorism prisoners.

Former senior JAG officers say it would end the JAG’s role as one check on presidential power because the appointees could block promotions of JAGs who speak up against any illegal White House policy.

The intent is to emasculate the military justice system by branding independent thinking as “political activism.”

America’s current military services promotion system allows boards of senior officers to pick “law qualified” officers to join the JAG corps.

The General Counsel reviews the correctness of those procedures.

Lawyers in Russia and China are made to follow their governments’ rules of justice.

Gen. Pervez Musharraf, of Pakistan, imprisoned approximately 3,000 civilian lawyers because they protested his dictatorial actions.

Certain of our 50 states already politicize membership of the federal and state benches.

Col. Daniel B. McElwain Jr.
USAF (Retired)
Culpeper