Will American Soldiers Refuse to Obey Illegal Orders?
A Saturday prompt
Last night 50 Republican senators voted to confirm the blatantly unqualified Pete Hegseth as the Secretary of Defense, with only GOP Sens. Lisa Murkowski, Susan Collins and Mitch McConnell voting no. With every Democrat rejecting Hegseth, Vice President J.D. Vance cast the tie-breaking vote—51-50.
There are many ways Hegseth puts our nation’s security at risk, including his track record of drunkenness and sexual abuse, his lack of knowledge, his utter lack of experience managing large organizations, his hostility toward the Geneva Convention, his support for soldiers convicted of war crimes, his desire to drive out “woke” generals and end an inclusive culture, his support for Christian nationalism, his plan to minimize the role of women in the military. But perhaps the most alarming feature of his dangerous ascent is his apparent sycophantic readiness to do what Trump asks him, law and morality be damned.
We witnessed this during Hegseth’s Senate confirmation hearing less than two weeks ago when Sen. Mazie Hirono questioned him directly. (Here’s my snapshot summary of that hearing.) “In June of 2020, then-President Trump directed former secretary of defense Mark Esper to shoot protesters in the legs in downtown D.C., an order Secretary Esper refused to comply with,” Hirono said. “Would you carry out such an order from President Trump?”
Hegseth refused to say no. Instead, he said that he was among the National Guard unit in Lafayette Square that day, “carrying a riot shield on behalf of my country.” With thinly veiled anger, he also called the events that day “chaos” as protesters tried to jump over a fence and set a church on fire.
Hirono’s conclusion: “That sounds to me that you will comply with such an order. You will shoot protestors in the leg.” Hegseth did not deny it.
You will recall that Mark Esper publicly rejected the use of active military to stem violence related to racial protests. In a 2022 CBS 60 Minutes interview, Esper called Trump’s request to deploy the troops and shoot protestors “shocking,” the kind of thing that happens in “authoritarian regimes.”
Gen. Mark Milley, chairman of the Joint Chiefs of Staff who joined Trump clad in combat fatigues for a photo op that June day at Lafayette Square, later apologized for being there and for raising doubt “about the role of the military in civil society,” Milley said. “I should not have been there. My presence in that moment, and in that environment, created the perception of the military involved in domestic politics.”
Now, with Hegseth, we have no reason to assume he won’t carry out Trump’s orders to employ the military against protesting Americans and immigrants—that he won’t help his boss test the legal limits of his role as Commander-in-Chief. (Ironically, post Jan. 6, that could involve proclaiming the Insurrection Act, which allows a president to use the armed forces if “unlawful obstructions” make it “impracticable” to enforce federal law.) Let’s not forget that Trump has already laid the groundwork by insisting that the military may be required to confront “the enemy from within.”
I am deeply troubled about what a reckless defense secretary like Hegseth—kowtowing to Trump—will mean for the future of America and the globe. But my question for today concerns the soldiers that he is now supposed to lead.
Do you think American soldiers will refuse to obey illegal orders? Or will they do whatever they are told, recognizing that in Trump’s authoritarian regime the rules of engagement on American soil have changed? As I discussed in yesterday’s essay, “Take Strength from the Helpers,” can we expect—do you expect—to find principled Americans among the military who will not go along with the illegal or immoral demands of this Trump regime? Perhaps you’d like to share stories from your own family members who have sacrificed for their country and upheld the values and principles of our democracy.
As always, I look forward to reading your observations and the opportunity for this community to learn from each other. Please do be respectful in your comments. Trolling will not be tolerated.
Please consider becoming a paid subscriber for $50 a year or just $5 a month, if you’re not already. This helps sustain and expand the work of America, America, keeps nearly all the content free for everyone and gives you full access to the comment sections. That has never been more important.
1. The disgusting pettiness - removing Milley’s photo at the Pentagon. 2. McConnell’s pearl clutching on how grossly unqualified Hegseth is. The reason we even got here was McConnell’s monstrous decision to not vote to impeach trump. Had he, enough would have followed to end this nightmare. When the history is written, I believe that will be seen as the linchpin event for all that followed. 3. I wonder what will happen when Hegseth takes his first drink, because I believe he will. 4. Will soldiers obey illegal orders? I worry about that. Generally speaking, military members are usually conservative. in the past, some military were willing to snatch nursing babies and toddlers from their mothers. I worked for the military as a civilian for 30 years. I have seen the pressure that can be brought to bear.
"WE WERE ONLY FOLLOWING ORDERS."
Where have we heard that before?