US Judge Rules Military Lawyers Can Prosecute Civilians

A U.S. federal judge has ruled that the Department of Justice can legally use military lawyers to help prosecute civilians, in a decision that is already sparking legal and political debate.

The ruling was delivered by U.S. Magistrate Judge Shannon Elkins in Minneapolis, who found that the practice does not violate federal law even in cases unrelated to the military.

The case centered on Paul Johnson, a Minnesota resident accused of assaulting a U.S. border agent during an immigration enforcement operation. His legal team challenged the involvement of a military lawyer, arguing that it breached the Posse Comitatus Act, which generally restricts the use of the military in domestic law enforcement.

However, the court ruled in favour of the government, stating that U.S. law allows the Attorney General to appoint military lawyers; specifically members of the Judge Advocate General’s Corps, as Special Assistant U.S. Attorneys (SAUSAs) to prosecute civilian cases.

Judge Elkins noted that while Department of Defense guidelines caution against using military lawyers in civilian cases, those internal rules do not carry enough legal weight to block such appointments.

The decision comes amid an increased reliance on military lawyers to support federal prosecutors, particularly in offices facing staffing shortages. Legal experts say there is historical precedent for such appointments, but not at the current scale or in cases with no direct military connection.

Critics; including former military lawyers, warn that the practice could blur the line between civilian and military justice systems, raising concerns about constitutional safeguards and civil-military relations. Some have described it as crossing a “dangerous line.”

Lawyers for Johnson have indicated plans to appeal the ruling, setting up a potential higher court battle that could define the limits of military involvement in civilian prosecutions.

The case is expected to have broader implications for how the U.S. government deploys military legal personnel in domestic law enforcement roles.