National Guard Deployment: Warren Grills Senior Pentagon Attorney’s Involvement

I want to start by extending my condolences to the family of Specialist Sarah Beckstrom, who paid the ultimate sacrifice while deployed in D.C. And my thoughts are with Staff Sergeant Andrew Wolfe as he continues to fight for his life. And I want to make clear, nobody here is impugning the people who are on the streets. No one here is impugning the integrity of our National Guard. We're just asking about how they got put there by people in leadership positions. It's been six months since President Trump and Secretary Hegseth deployed the National Guard onto American streets. The investigation that I just released with several senators on this committee found that DOD has footed the bill for more than $2 billion in support of the Department of Homeland Security and Immigration Enforcement. That's money that was meant for military training facilities, crumbling military barracks, schools for military families. And instead, it was spent on deploying our National Guard to pick up trash in Washington, D.C. and deal with civilian protesters in other cities. So I think we are right to ask the question about how this happened. Mr. Young, you are one of the senior attorneys at DOD. You were the acting DOD General Counsel when the decision was first made to deploy the National Guard to Los Angeles. Now, if an attorney raises concerns about the legality of military operations, do you think the appropriate response is to tell them to shut up and get out of the way? I'm sorry, Senator. Could you repeat that question? If a JAG attorney raises concerns about the legality of a military operation, do you think the appropriate response is to tell them to shut up and get out of the way? Senator, the law provides that military judge advocates are able to provide independent advice to military commanders, to the Chief of Staff of the Army and the Secretary of the Army. And I'm asking you about the appropriate response. Do you think the appropriate response is to tell them to shut up and get out of the way? Senator, I'm not aware of a response of that nature. I'm asking you if you think that would be an appropriate response. It ought to be an easy yes or no question. But by whom, Senator? By you. Senator, not that I'm aware of. There were disturbing reports that when the top uniformed attorney in the Army raised concerns about the legality of using National Guard soldiers and other DOD resources for immigration enforcement, you told him to stop meddling in state affairs. And then shortly after that, Secretary Hegseth fired the JAG officer with no explanation. Mr. Young, the report does not have a direct quote, but is it true that you said something along those lines? Senator, the context of that is that the officer was wanting to comment on whether the state in a state capacity could provide personnel who were in a state status, not in a federal military status, not part of the Army, to help assist. And so we have many missions, Senator, that are occurring on the border right now. We have 3,000 approximately National Guard personnel. But your answer is to confirm that report, and that is what you said. Is that right? That is not what I said. So you're saying you didn't say that? I did not say that. Well, I'm glad you said you didn't say it, because this is not the only report of JAG being sidelined by this administration, and I'm glad you think it might be inappropriate for JAG to be sidelined. More recently, the senior JAG at SOUTHCOM was reportedly overruled when he objected that the boat strikes near Venezuela are extrajudicial killings. Look, these deployments are not just legally questionable. They come at an extreme cost. And they come at the cost of mounting billions of dollars, and at reports that it hurts troops' In fact, the first Trump administration discontinued military support to DHS at the border and detention facilities, citing both the cost and the fact that our troops were demoralized by being put in that position. So I think it's exactly right that we are raising these questions and whether or not JAG is receiving the appropriate opportunity to weigh in on illegal orders. If you say you didn't say it, then I trust what that means is you don't intend to say it and you do not intend to sideline JAG when they raise questions about legality. Do I have that right, Mr. Young? Senator, it's been my experience, having been a judge advocate in both the Air Force and in the Army, with almost 30 years of judge advocate experience, that judge advocates are able to quickly and clearly communicate their concerns to leadership, and that leadership is very attentive to their concerns when they're raised, and they have the ability to provide that advice independently. I don't have concerns about the judge advocates. I have concerns about the leadership and whether or not they are being sidelined. And I take it what you're saying is they should not be sidelined. It is important for our troops that they not be. Thank you, Mr. Chairman.