A Minnesota judge ruled on May 1 that the government’s use of military lawyers to assist the Department of Justice (DOJ) in prosecuting civilians in Minnesota is lawful under federal law.
The ruling by U.S. Magistrate Judge Shannon G. Elkins stemmed from the case of Paul Johnson, a Minnesota resident who was charged in January with assaulting Customs and Border Protection (CBP) officers during immigration enforcement in the state.
Johnson’s lawyers argued that assigning a Judge Advocate General (JAG) military lawyer to prosecute civilians in cases unrelated to the military violated the Posse Comitatus Act of 1878, a federal law that restricts the use of military personnel in civilian law enforcement, and Department of War regulations….