ICYMI: At Hearing, Warren Blasts Pentagon For Sidelining Military Lawyers, Endangering Civilians

ICYMI: At Hearing, Warren Blasts Pentagon For Sidelining Military Lawyers, Endangering Civilians

Warren: "Now, more than ever, we need strong, independent military lawyers."

Warren: "Our enemies might not care about civilian casualties, but the US military always has."

Video of Exchange (YouTube)

Washington, D.C. - At a hearing of the Senate Armed Services Committee, U.S. Senator Elizabeth Warren (D-Mass.) raised her concerns to the commanders of United States Northern Command (NORTHCOM) and United States Southern Command (SOUTHCOM) about the Trump administration's sidelining of the military's Judge Advocate General Corps (JAGs), who are responsible for providing independent legal advice to commanders. This sidelining risks increasing the chances of civilian harm as the war against Iran continues.

Under this Trump Administration, JAGs have been systematically sidelined in spite of federal law providing that no one at the Department of Defense (DoD) may interfere with the TJAGs' ability to "give independent legal advice to commanders." In February 2025, Defense Secretary Pete Hegseth fired The Judge Advocate General of the Army, Navy, and Air Force to avoid "roadblocks" to the President's orders. On March 12, Hegseth announced a "ruthless" review of JAGs to overhaul the Department's legal offices.

"JAGs can't give their best advice if they fear losing their job just for raising legal concerns with an operation," said Senator Warren.

Senator Warren questioned General Gregory M. Guillot, NORTHCOM Commander, on whether he witnessed NORTHCOM sidelining any JAGs. General Guillot assured Senator Warren that the JAG corps is included in all battle rhythm meetings at his command. However, Senator Warren pointed out that across the department the Trump administration has reassigned hundreds of JAGs to work on the president's immigration agenda, as well as concerns about the chilling effects of the Secretary's review.

"For decades, military lawyers have worked side by side with officers to make sure that strikes are lawful and that they minimize civilian casualties," said Senator Warren. "That doesn't make us weaker. It saves innocent lives and it prevents fueling terrorism."

Since the start of the Iran War, Secretary Hegseth has shown a complete disregard for the laws of war. On March 3, Secretary Hegseth remarked that Operation Epic Fury would have "no stupid rules of engagement." On March 4, while describing U.S. military operations in Iran, Secretary Hegseth announced, "death and destruction from the sky all day long." This rhetoric could endanger civilians, including American citizens, in the region and around the globe. Already, a preliminary investigation from the Department of Defense found the U.S. was likely responsible for the strike on a girls' elementary school that reportedly killed at least 175 people - mostly children - in Minab, Iran.

Senator Warren pressed Lieutenant General Francis L. Donovan, SOUTHCOM Commander, on whether he would inform the Senate Armed Services Committee if SOUTHCOM is directed to do something that the Lieutenant General or his JAGs believed to be illegal. Lieutenant General Donovan refused to commit to directly informing the Senate Armed Services Committee, insisting on working through his chain of command.

Senator Warren raised her concern over Lieutenant General Donovan's response and emphasized the need for nonpartisan military leaders to commit to following the law.

"We need our nonpartisan military leaders to double down on their commitment to following the law and speaking up when they are asked to break it, and Congress needs to be able to step in and rein in this lawless commander-in-chief and his self-styled Secretary of War," concluded Senator Warren.

Transcript: Hearings to examine the posture of United States Northern Command and United States Southern Command in review of the Defense Authorization Request for Fiscal Year 2027 and the Future Years Defense Program.
Senate Armed Services Committee
March 19, 2026

Senator Elizabeth Warren: Thank you, Mr. Chairman. President Trump and Secretary Hegseth are repeatedly dragging the US military across both legal and moral lines. Trump and Hegseth have plunged us into an illegal war with Iran, where a US airstrike appears to have killed 150 schoolchildren. And it's not just in Iran. Under Trump and Hegseth, the military fired on civilians and shipwrecked survivors in the Caribbean. And now, Secretary Hegseth is threatening to give "no quarter" to adversaries. This is not who we are. Our enemies might not care about civilian casualties, but the US military always has. And that is why Secretary Hegseth's attacks on the guardrails that prevent civilian harm and civilian casualties is so dangerous.

So, take the JAGs. Now, more than ever, we need strong, independent military lawyers, but there are serious concerns that JAGs cannot give honest legal advice right now.

General Guillot, let me ask you, have you seen any evidence of the JAG corps being sidelined, whether at NORTHCOM or elsewhere in the department?

General Gregory M. Guillot: Senator, I have not seen any evidence of the JAGs being sidelined in our command. I'll point out that our JAG is included in all of our battle rhythm meetings, and in fact, our JAG is sitting behind me right now.

Senator Warren: Yeah, and I just want you to know I'm glad to hear that. Glad to hear it's not happening in your command. But we know that this is a problem across the department. Secretary Hegseth fired TJAGs because he thought they were "roadblocks," and he installed his personal lawyer to retrain military lawyers to water down constraints. He reassigned hundreds of JAGs to work on Trump's radical immigration agenda. And last week, the Secretary said he's starting a quote, "ruthless overhaul of the JAG system."

Look, for decades, military lawyers have worked side by side with officers to make sure that strikes are lawful and that they minimize civilian casualties. That doesn't make us weaker. It saves innocent lives and it prevents fueling terrorism. But Secretary Hegseth has blamed JAGs for what he calls, quote, "stupid rules of engagement."

General Donovan, let me ask you, if a JAG or a civilian harm advisor says to distinguish between a military base and an elementary school in an airstrike. Is that a stupid rule of engagement?

Lieutenant General Francis L. Donovan: No, Senator.

Senator Warren: Look, JAGs can't give their best advice if they fear losing their job just for raising legal concerns with an operation. One way we protect the integrity of legal advice in our military is by creating for-cause removal protections for our JAGs. Commanders also need to be able to speak up when they're being asked to break the law.

General Donovan, your predecessor, was reportedly ousted because he raised concerns about the legality of the Caribbean boat strikes. Will you commit to informing this committee if SOUTHCOM is directed to do something that you or your JAG think may be illegal?

Lieutenant General Donovan: Senator, my first obligation if I face what I believe is an unlawful legal order is to obviously seek legal counsel, discuss that with my higher headquarters, and then move forward and not carry out an illegal order.

Senator Warren: Yeah, maybe you didn't hear my question. My question was, will you commit to informing this committee if SOUTHCOM is directed to do something that you or your JAG thinks is illegal?

Lieutenant General Donovan: If I reported that to this committee, Senator, it would be through my chain of command.

Senator Warren: But you would make sure that we got the information?.

Lieutenant General Donovan: I would report to my chain of command.

Senator Warren: And you would not take any responsibility for making sure we got that information? You do realize we have oversight responsibilities here.

Lieutenant General Donovan: Senator, I would work that information through my chain of command.

Senator Warren: All right, that's a very concerning answer here. Look, what's happening right now is very dangerous. We need our nonpartisan military leaders to double down on their commitment to following the law and speaking up when they are asked to break it and Congress needs to be able to step in and rein in this lawless commander-in-chief and his self-styled Secretary of War. Thank you.

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