Defense Secretary Pete Hegseth has ordered the military to provide dozens of lawyers to the Justice Department for temporary assignments in Memphis and near the U.S.-Mexico border that could run through next fall, according to a memo released this week and reviewed by The Associated Press.
“I am directing you to collectively identify 48 attorneys and 4 paralegals from within your Military Department who may be suitable for detail” to the Justice Department to act as special assistant U.S. attorneys, Hegseth wrote in a memo dated Monday that was sent to all four services and the chairman of the Joint Chiefs of Staff.
The memo appears to be the latest effort to send military and civilian attorneys working for the Pentagon to the Justice Department, this time to staff offices based along the U.S. southern border or where federal immigration enforcement operations are taking place.
Last month, the Pentagon also approved sending up to 600 military lawyers to the Justice Department to serve as temporary immigration judges in a separate effort. The Trump administration increasingly has tapped the military to bolster its immigration crackdown, from deploying to the southern border and a series of American cities.
This week’s memo says the Justice Department asked for 20 lawyers to help support its offices in Memphis, where the National Guard has been deployed by President Donald Trump; 12 for West Texas — specifically for the cities of El Paso, Del Rio, and Midland — and three lawyers and two paralegals for Las Cruces, New Mexico.
The memo does not specify what kind of litigation the volunteers would be asked to do, but it says that, ideally, attorneys would have “significant experience” in immigration and administrative law in addition to general prosecution and litigation experience.
The Pentagon said in a statement that it was “proud to stand shoulder-to-shoulder with our law enforcement partners, bringing the skill and dedication of America’s service members to deliver justice, restore order, and protect the American people.”
The Justice Department also confirmed the memo’s authenticity but did not provide additional details on the reason for its request or what the attorneys would be doing.
As with the prior request for hundreds of military attorneys to work as immigration judges, it is not immediately clear what impact removing a growing number of lawyers would have on the armed forces’ justice system. The attorneys, called judge advocates, have a range of duties much like civilian lawyers, from carrying out prosecutions, acting as defense attorneys or offering legal advice to service members.
The new request follows a Sept. 26 ask from the Justice Department for 35 attorneys and two paralegals from the military, according to the memo. It wasn’t immediately clear if that number was in addition to the 48 attorneys requested this week.
The AP also reviewed an email that was sent to military attorneys on Sept. 12 that said the Pentagon was looking for volunteers to become special assistant U.S. attorneys in West Texas and New Mexico without mentioning a total figure.
It is not clear how successful the Pentagon has been at getting lawyers to volunteer, but at least some of the services have been making the case to their attorneys through messages like the one sent by the Army’s top lawyer.
“These roles offer unparalleled opportunity to refine your advocacy, courtroom procedure, and functional knowledge of the federal legal system for future use in our military justice system or civil litigation,” Major Gen. Bobby Christine said in an email reviewed by the AP.
Christine said the work would be “in support of national priorities.”
However, Hegseth’s memo says that services only had until Thursday to identify the attorneys and alluded to troops being subject to involuntary mobilization orders.
The Army and Navy did not respond to questions about how many attorneys from their respective services are being sent to the Justice Department. The Air Force directed questions to the Pentagon.
Associated Press writer Alanna Durkin Richer contributed to this report.
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