Puppycow
Penultimate Amazing
Now the Bush Administration Wants Political Appointees to Control Military Promotions of JAG Lawyers
If career military lawyers' promotions are controlled by political appointees of whichever political party, would that be a good thing for justice? Isn't this one area that should be kept free of politics?
I asked myself if my opposition to this wasn't just Bush Derangement Syndrome. In fact, I think that Bush is a lame duck and that this change would probably benefit (if it is a benefit) his successor, who I expect to be a Democrat, more than Bush. Still, I don't think that political interference in this area is necessarily a good thing. The main reasons being separation of powers, and placing reasonable limits on executive power. (BTW, before anyone says that, since the military is part of the executive branch, this is not a separation of powers issue, consider if all the legislative power was given to just one house of congress: That would be a concentration of power within one branch of government.)
If career military lawyers' promotions are controlled by political appointees of whichever political party, would that be a good thing for justice? Isn't this one area that should be kept free of politics?
I asked myself if my opposition to this wasn't just Bush Derangement Syndrome. In fact, I think that Bush is a lame duck and that this change would probably benefit (if it is a benefit) his successor, who I expect to be a Democrat, more than Bush. Still, I don't think that political interference in this area is necessarily a good thing. The main reasons being separation of powers, and placing reasonable limits on executive power. (BTW, before anyone says that, since the military is part of the executive branch, this is not a separation of powers issue, consider if all the legislative power was given to just one house of congress: That would be a concentration of power within one branch of government.)
Key members of the Bush administration legal team have pushed to subject the JAGs to greater political control for years.
In the early 1990s, both Haynes and Vice President Cheney's top aide, David Addington, were politically appointed lawyers in the Pentagon during the Bush-Quayle administration. On their advice, Cheney, who was then the defense secretary, proposed making each service's general counsel the boss of his JAG counterpart, but the Senate Armed Services Committee forced the administration to back down.
In 2001, Haynes and Addington were restored to power in the Bush-Cheney administration, and the conflict over JAG independence resumed amid the fights over such war on terrorism policies as harsh interrogations.
Responding to the conflicts, in 2004 Congress enacted a law forbidding Defense Department employees from interfering with the ability of JAGs to "give independent legal advice" directly to military leaders. But when President Bush signed the law, he issued a signing statement decreeing that the legal opinions of his political appointees would still "bind" the JAGs.