(C) Daily Kos
This story was originally published by Daily Kos and is unaltered.
. . . . . . . . . .



Why Are We Ignoring Those Who Enable Trump? [1]

['This Content Is Not Subject To Review Daily Kos Staff Prior To Publication.']

Date: 2025-06-12

Whenever there is an illegal directive from Trump, it is only carried out because someone downstream accepts the directive and makes it happen. When Trump illegally orders the California National Guard, and US Marines to attack protesters in Los Angeles, someone in the command chains of the Army and the Marines, sends the troops.

While the courts and the Congress do not seem to be able to prevent the epidemic of unlawful orders pouring out of The White House, there are backup lines of defense against these orders being followed, and Article 92 is just one of these backups. Unfortunately, there is a complication with the way things happen in the chain of command. All it takes is for one MAGA officer to decide to go ahead and implement the unlawful order, and troops will be dispatched. There is not a reliable safety on the gun of military command.

If things were working properly, Trump would not be able to issue such orders. Further, in a properly operating system, generals and colonels would have the backbone to refuse to follow those unlawful orders. But clearly we do not live in a perfect world. Trump is allowed to issue whatever directives he likes, and Congress and the courts are so devoid of backbones that it is allowed to continue; and there are those in the military chain of command who will gladly do their master’s bidding, lawful or otherwise.

Under Article 92 of the Uniform Code of Military Justice (UCMJ), while members of the military are required to obey a lawful order, they are allowed to refuse to obey an unlawful order, or an order that is outside their command authority. In fact, part of the prosecution under Article 92 requires the tribunal to prove the order was lawful. If a soldier believes the order to be unlawful, they are not required to obey that order.

As we learned from the My Lai massacre, on March 16th, 1968, (unfortunately too long ago for most Americans to remember or even know about), the excuse that “We were just following orders.”, is an inadequate defense for following unlawful orders. In the case of the My Lai massacre, it took 3 long years to finally hold the guilty parties responsible, but the incident did create a clearer understanding about the ability to refuse an unlawful order.

So how can we apply this lesson to the events we see unfolding today? For starters, we should be charging the officers who are passing unlawful orders down the chain of command. This may need to start at the top, and if we cannot prosecute Trump, then the next candidate is the Secretary of Defense. We need to find out who gave the orders and exactly what the orders were. We cannot allow the military to operate as a political action group, enforcing laws they agree with, and ignoring those they don’t care for. Military member are restricted in what political activities they are allowed to participate in, because the military is supposed to be apolitical; yet here we have commanders using the military to enforce their own political beliefs.

The Posse Comitatus Act of 1878, which defines the special circumstances under which military force may be used on American soil, against American citizens; is very clearly being circumvented by Trump and the military. Since the use of the military is pretty much forbidden, unless there is an insurrection, and there was nothing even remotely resembling an insurrection until he sent in the troops; there can be no doubt that this was unlawful.

Some may want to claim that the military was called in to “enforce federal law when state authorities are unable or unwilling to do so”, but what we are seeing is not federal law being resisted, but an unlawful application of federal law, in the guise of immigration enforcement. Most of the current issues revolve around immigrants who are legal immigrants, with green cards or valid work visas, who have had their status arbitrarily rescinded, and then immediately they are forcibly deported. When the federal government is acting unlawfully, there is no obligation on the part of state government to assist the federal government in pursuing their agenda.

If we are unable to stop the despot at the top, we should at least be able to apply appropriate pressure on his enablers; the military commanders who are not refusing to obey the unlawful orders. They should be charged and tried as the criminals they are. Please write your members of Congress and demand that they hold these negligent cabinet members and military members responsible for their actions.

[END]
---
[1] Url: https://www.dailykos.com/stories/2025/6/12/2327636/-Why-Are-We-Ignoring-Those-Who-Enable-Trump?pm_campaign=front_page&pm_source=more_community&pm_medium=web

Published and (C) by Daily Kos
Content appears here under this condition or license: Site content may be used for any purpose without permission unless otherwise specified.

via Magical.Fish Gopher News Feeds:
gopher://magical.fish/1/feeds/news/dailykos/