United States Military Leaders Speak Out
For the Rule of Law & For Justice
Over the last few days, some of our nation’s military leaders, active duty and retired, have stepped up and spoken out in support of protections afforded by our Constitution, rights that are supposed to safeguard our freedom and supposed to protect us all from tyranny. They have spoken out for the rule of law and against a failed presidential stunt that was designed to demonstrate strength but revealed cowardice and insecurity, demonstrated a disregard for the law, and flagrantly abused power. They are speaking out against the President’s and his advisors’ suggestion that the United States Armed Forces be used aggressively against peaceful, American protestors on American soil.
They are also speaking out in support of those who are protesting racial prejudices and division and in support of doing what it takes to face racism head on and roll it back. It is striking that so many men of uniform have inserted themselves into this conversation and have called out the sitting president (for calling for the use of military force against protestors and for berating governors for not taking swift and cruel action agains the protestors). This is what duty, patriotism, and honor look like:
Commandant of the Marine Corps Gen. David Berger: “Current events are a stark reminder that it is not enough for us to remove symbols that cause division — rather, we also must strive to eliminate division itself…. By listening, we learn, by learning, we change.”
Gen. David Goldfein, the Air Force chief of staff said that the Air Force is “not immune to the spectrum of racial prejudice,” and urged them, “as leaders and as airmen,” to “confront it head on.”
Lt. Gen. Jay Silveria, superintendent of the Air Force Academy: “Violence against our fellow Americans has no place in our work toward positive change.”
Ret. Maj. Gen. Steven J. Lepper, former Deputy Judge Advocate General of the Air Force and Deputy Legal Counsel to the Chairman of the Joint Chiefs of Staff:
“As I watched [the George Floyd] video, my first prayer was for Mr. Floyd and his family. My second prayer was that if I ever witnessed something like that, I would have the courage to speak out or intervene.
“On Monday, I witnessed another scene that disturbed me — the President of the United States crushing the U.S. Constitution. As he exhorted our nation’s governors to “dominate” protesters exercising their First Amendment rights, threatened to use the military to stifle Americans’ cries against injustice and forcibly dispersed a lawful assembly outside the White House so he could stroll over to St. John’s Episcopal Church for a “photo op,” I prayed for America … and then remembered my second prayer.
“Thus, I must speak out now.
“In my 35 years of military service, I served seven commanders in chief…. I served them without regard to their political views…. I was subject to their orders and followed them without complaint, regardless of my thoughts about their wisdom. However, as a judge advocate — a military attorney — I also understood that orders have limits: Lawful orders must be followed; unlawful orders must not.
“…. I’ve watched as this commander in chief employed our armed forces in unfamiliar ways…. I never questioned his authority to give them
“Monday was different. The president’s threats to invoke the Insurrection Act of 1807 as justification for employing active-duty military forces against Americans peacefully exercising their constitutional rights crossed the line. Although the Insurrection Act is an exception to other laws and precedents that generally preclude the use of federal military forces for domestic law enforcement purposes, its dark history — one that included its use in suppressing slave rebellions prior to the Civil War — has since been replaced by norms limiting its use to situations where state governors request federal support to quell violence or where constitutional rights require protection in the face of a state's inability or unwillingness to provide it. It has never been — and should never be — used to prevent the peaceful exercise of constitutional rights.
“Forty-five years ago this month, I raised my right hand and swore an oath to ‘protect and defend the Constitution against all enemies foreign and domestic.’… It’s unique among oaths because it breaks a tradition …in which the military swore allegiance to a monarch. Our founders did not want to serve a king; they wanted to serve the democratic ideals and principles they enshrined in our Constitution.
“…. It typically takes years for a military member to fully understand what it means to “protect and defend the Constitution.” Young troops begin their service learning that every order given by a superior must be followed without question; that is the essence of basic training. Only after they graduate from training do they begin to understand the nuances of lawful and unlawful orders. Ultimately, when they become leaders, they know the boundaries of their authority; they know that they will be held accountable — perhaps under penalty of their lives, or the lives of the men and women they lead — for issuing or following illegal orders.
“Monday’s events clearly demonstrated that President Trump has not learned this lesson…. Everyone who saw the video of George Floyd’s murder understands that what the police officers did was very wrong. [And] what President Trump threatened, in response to the protests that event evoked, is also wrong. Threatening to use the military to stifle peaceful protest is wrong….
“I hope the president’s military and legal advisers will educate him on the boundaries of his authority…. [and] help him understand the severe damage he would do to this nation if he carried out his threats. I hope he understands that, despite how friendly he has been toward the military during his time in office, the military is not his “friend.” He cannot rely on it to obey orders that are unlawful simply because he thinks its members “like” him. It simply doesn’t work that way.
“Finally, I hope my voice, no longer silent, will inspire other voices to join in a message which the president cannot avoid hearing: If you try to use the military against Americans in a misguided effort to stifle cries against injustice, or if you try to hide behind the military in an effort to deflect criticism from yourself, you will fail and you will bring dishonor upon our armed forces, our Constitution, and our nation.”
Ret. Gen. Martin Dempsey, another former Chairman of the Joint Chiefs of Staff: “America’s military…will place themselves at risk to protect their fellow citizens. Their job is unimaginably hard overseas; harder at home. Respect them, for they respect you. America is not a battleground. Our fellow citizens are not the enemy.“
Ret. Gen. Michael Hayden, former director of the CIA and NSA: “I was appalled to see him in his battle dress. Milley (he’s a general?!?) should not have walked over to the church with Trump.”
Ret. Navy Adm. Mike Mullen, former Chairman of the Joint Chiefs of Staff: The President “laid bare his disdain for the rights of peaceful protest in this country, gave succor to the leaders of other countries who take comfort in our domestic strife, and risked further politicizing the men and women of our armed forces.”
Ret. Navy Adm. James G. Stavridis, 16th Supreme Allied Commander at NATO:
“It is long past time to address inequality in this nation and issues like harsh, often brutal, treatment of minorities by police – especially against African-Americans….
“Clearly, we need to stop looters, restore order to our streets…. But as a former member of the armed forces, it hurt to watch U.S. military personnel used against peaceful protestors in Washington D.C. early this week. The sweeping use of a combined civil-military force – D.C. police, Park Police, National Guard, and active duty military police – against the protesters to clear the way for a Presidential photo-op was beyond the pale of American norms. It was particularly ill-advised to include active duty military personnel in that event.
“Our military numbers about 1.2 million active duty. They are sworn to protect and defend the constitution of the United States, and the vast majority would instantly lay down their lives to do so. But they are not meant to be turned against their fellow citizens. Our founding fathers feared the use of a standing army that could be used to further the aims of a dictator…. The idea of “boots on the ground” and “dominating the battlespace” in our American cities is anathema to America.
"We have over a million police officers in the United States. The National Guard, which is appropriately prepared for these kinds of civil order missions, is a capable and ready force.… That is more than sufficient to control any foreseeable version of events going forward. We need to get our active duty military out of the line of fire of domestic politics and off the streets, and turn this mission over to the men and women trained for it.
“Our military [around the time of the Vietnam War protests of 1968] was disrespected.… It has taken decades to rebuild the nation’s trust in our military, and to find our way to a time in which … the expression “thank you for your service” is regularly heard by every man and woman in uniform.
“All of that is at risk. Our active duty military must … keep that force focused on its rightful mission outside the United States…, make that case forcefully and directly to national leadership, speaking truth to power in uncomfortable ways. They must do this at the risk of their career. I hope they will do so….”
Ret. U.S. Marine Corps General John Allen, four-star general and former commander of the NATO International Security Assistance Force and U.S. Forces in Afghanistan: “We may be witnessing the beginning of the end of American democracy, but there is still a way to stop the descent.”
Fmr. U.S. Special Operations Command Gen. Raymond A. Thomas: The “battle space” of America??? Not what America needs to hear...ever, unless we are invaded by an adversary or experience a constitutional failure...ie a Civil War…"
Fmr. Marine Corps Commandant Gen. Robert Neller: "I cannot get out my mind the lack of emotion on the faces of the officers as Mr. Floyd said repeatedly, 'I can’t breathe.' And all this transpiring while others called out for the officers to let him up, though none physically intervened.
Ret. Navy Adm. William McRaven, Navy SEAL:
”When you're in the military, there are three criteria for every decision we make. It has to be moral, legal, and ethical. Ethical, you have to follow the rules. Legally, you have to follow the law. And, morally, you have to follow what you know to be right…. to clear peaceful American citizens for the president of the United States to do a photo op, there is nothing morally right about that. I was very pleased to see Jim Mattis, and obviously Mike Mullen, and John Kelly come out and reinforce what we know to be the principles of the US military. We all raise our right hands and swear an oath to the Constitution of the United States. It is not to the president of the Untied States. It is to the Constitution.
James Miller, former Undersecretary of Defense and member of the Defense Advisory Board, resigned in protest of Defense Sec’y Esper accompanying the President on his walk to the church, saying that Esper violated his oath to defend and protect the Constitution: "You may not have been able to stop President Trump from directing this appalling use of force [dispersing peaceful protestors with force and tear gas], but you could have chosen to oppose it. Instead, you visibly supported it.”
For his part, Defense Secretary Mark Esper seems to regret his actions and angered the President when on June 3rd he said military troops should not be sent to control protestors: “The officers on the scene that day should be held accountable for [Mr. Floyd’s] murder. It is a tragedy that we have seen repeat itself too many times. With great sympathy, I want to extend the deepest of condolences to the family and friends of George Floyd from me and the Department [of Defense]. Racism is real in America, and we must all do our very best to recognize it, to confront it, and to eradicate it.
The current Chairman of the Joint Chiefs of Staff Gen. Mark A. Milley wrote this memo to the chiefs and commandants of the Joint Force after having walked with President Trump through the Lafayette Square wearing combat fatigues:
Every member of the U.S. military swears an oath to support and defend the Constitution and the values embedded within it. This document is founded on the essential principle that all men and women are born free and equal and should be treated with respect and dignity. It also gives Americans the right to freedom of speech and peaceful assembly. We in all branches, all components, and all ranks remain committed to our national values and principles embedded in the Constitution.
During this current crisis, the National Guard is operating under the authority of state governors to protect lives and property, preserve peace, and ensure public safety.
As members of the Joint Force - comprised of all races, colors, and creeds you embody the ideals of our Constitution. Please remind all of our troops and leaders that we will uphold the values of our nation, and operate consistent with national laws and our own high standards of conduct at all times.
Handwritten on this memo is: “We all committed our lives to the idea that is America—we will stay true to that oath and the American people.”
Ret. Marine Corps General James N. Mattis, Fmr. Commander of U.S. Joint Forces Command and Secretary of Defense, who resigned as President Trump’s Secretary of Defense a year and a half ago, made a very powerful statement (partly because he has refrained from speaking out against the President since his resignation and partly because of the words he chose). So you understand what kind of soldier and leader General Mattis was, I’ll recount a few facts from the most neutral, apolitical source I could think of, the Encyclopedia Brittanica.
General James “Mad Dog” Mattis, a native of Washington state, became a United States Marine nearly 50 years ago. In Desert Storm, he was a lieutenant colonel commanding a regiment in Iraq and Kuwait and winning medals for valor and fighting spirit. After 9/11, then-Colonel Mattis led two Navy amphibious groups in Afghanistan to defeat the Taliban and take Kandahār. In the Iraq war, he was a major general who led the longest, sustained overland advance in Marine Corps history as well as the Marine assault on Al-Fallūjah. Mattis was promoted to general in 2007 and led the Joint Forces Command until he took over Centcom in 2010. General Mattis retired from the Marine Corps in 2013 and became President Trump’s first secretary of defense in 2017. This is a United States Marine, a strong man, a brave man, a man who respects rank and appreciates order.
These are key excerpts from his full statement:
“I have watched this week’s unfolding events, angry and appalled…. The protests are defined by tens of thousands of people of conscience who are insisting that we live up to our values—our values as people and our values as a nation….
"When I joined the military … I swore an oath to support and defend the Constitution. Never did I dream that troops taking that same oath would be ordered under any circumstance to violate the Constitutional rights of their fellow citizens—much less to provide a bizarre photo op for the elected commander-in-chief, with military leadership standing alongside….
“James Madison wrote in Federalist 14 that ‘America united with a handful of troops, or without a single soldier, exhibits a more forbidding posture to foreign ambition than America disunited, with a hundred thousand veterans ready for combat.’ We need to unite around a common purpose … [to guarantee] that all of us are equal before the law….
“Donald Trump is the first president in my lifetime who does not try to unite the American people—does not even pretend to try. Instead he tries to divide us. We are witnessing the consequences of three years of this deliberate effort. We are witnessing the consequences of three years without mature leadership. We can unite without him, drawing on the strengths inherent in our civil society. This will not be easy, as the past few days have shown, but we owe it to our fellow citizens; to past generations that bled to defend our promise; and to our children….
“We know that we are better than the abuse of executive authority that we witnessed in Lafayette Square. We must reject and hold accountable those in office who would make a mockery of our Constitution.
“At the same time, we must … work to unite.
“Only by adopting a new path—which means, in truth, returning to the original path of our founding ideals—will we again be a country admired and respected at home and abroad.”
Finally, Chief of Naval Operations Adm. Michael Gilday (CNO Message to the Fleet), a video from the Navy’s top officer (most of the transcript):
“How can we contribute in a positive way to change things, so these things never happen again…. I will never walk in the shoes of a black American or any other minority. I will never know what it feels like when you watch that video of Mr. Floyd’s murder. And I can’t imagine the pain and the disappointment and the anger that many of you felt when you saw that. Because it’s not the first time…. We need to listen. We have black Americans in our Navy and in our communities that are in deep pain right now, that are hurting…. In the Navy, we talk a lot about treating people with dignity and respect, in fact, we demand it, it’s one of the things that makes us a great Navy…. But after the past week, we can’t be under any illusions about the fact that racism isn’t alive and well in our country, and I can’t be under any illusions that we don’t have it in our Navy…. It happens with people that are friendly and are generous and kind … it could be a family member or close acquaintance, and they say something, and it’s not right, and you know it’s not right, but because they’re a friend and you know them well and they are a good person,… you say to yourself, they didn’t mean that…. But it did, and they had that thought and they verbalized it and there was a consequence and somebody was probably hurt by it. So when that happens, what I want you to think about is approaching that person, think about dignity and respect. And think about having a private conversation, an honest conversation and educating them, make them more self aware of what they did or what they said. If we don’t do that, racism, injustice, indignity, disrespect—it’s gonna grow and it’s gonna continue and we’ll have more weeks like we’ve had this week, and we’ll be disappointed. A/nd we’ll be more disappointed in ourselves because we made it happen. I’m really proud of the Navy…let’s make it the best Navy possible, let’s make it the best Navy for everybody.”
See also, https://slate.com/news-and-politics/2020/06/trump-commanders-esper-mullen-miller.html and https://www.cnn.com/2020/06/02/politics/james-miller-resigns-defense-advisory-board/index.html; https://www.washingtonpost.com/opinions/2020/06/04/revolt-generals/; and https://couriernewsroom.com/2020/06/04/all-of-the-war-heroes-and-decorated-military-leaders-speaking-out-against-trump/.