Reading Room Document
Applicability of 10 U.S.C. § 973(b) to JAG Officers Assigned to Prosecute Petty Offenses Committed on Military Reservations
This opinion considers the practice of appointing regular JAG (Judge Advocate General's Corps) officers as special assistant United States attorneys to prosecute petty offenses committed on military reservations. The opinion analyzes 10 U.S.C. § 973(b), which expressly prohibits a "regular officer of an armed force on active duty" from holding a civil office absent additional legislation, and concludes that the current arrangement between the DOD and the DOJ appointing JAGs as special assistant United States attorneys is inconsistent with that statute's prohibition. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at https://justice.gov/olc/page/file/965131/download.
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