Senate questions nominee for DOD general counsel on JAG independence, timely responses to Congress and legal advice
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Summary
Earl Matthews, nominee for Department of Defense general counsel, pledged to provide independent legal advice, respond promptly to congressional requests, and protect the independence of judge advocates after senators raised concerns about recent removals and redactions.
Earl Matthews, President Trump's nominee to be General Counsel of the Department of Defense, told the Senate Armed Services Committee that, if confirmed, he will provide "timely and accurate legal advice" and protect the independence of military lawyers while ensuring the department responds fully and promptly to congressional oversight.
Why it matters: The DOD general counsel is the department's chief legal officer and principal legal adviser to the secretary of defense. Senators said recent actions affecting judge advocate generals and delays or redactions in documents have raised concerns about independent legal advice and congressional oversight.
During questioning, Chairman Wicker and other senators asked how Matthews would ensure prompt committee responses and avoid excessive redactions. Matthews said, "If confirmed, I'm gonna return your phone calls, mister chairman," and called Congress "the board of directors for the Department of Defense." He pledged responsiveness to the committee and to provide timely legal support.
Senators including Reid, Gillibrand and Slotkin expressed concern about the secretary's recent request for nominations and the apparent removal of senior JAG officers. Matthews said he was not in the department at the time and did not have internal insight, but he emphasized his commitment to legal independence and the rule of law. He told the committee he would advise based on law and undertake to preserve the Office of the General Counsel's mission.
Senators also pressed Matthews about the rank and role of service judge advocate generals and whether changes would affect independence. Matthews said rank alone did not determine the quality of legal advice and reiterated his commitment to protect the independence of legal counsel throughout the department.
There were no formal actions or votes taken at the hearing. Senators indicated they will continue oversight on the role of DOD lawyers and on ensuring legal advice remains independent and accessible to defense leadership and Congress.