Liberty only exists where the government is constrained by the rule of law. This is especially critical to government institutions that use lethal force. It is a harbinger of democracy’s demise when the leaders of those institutions regard the rule of law as “roadblocks” to whatever goal they seek to attain.

This is why warning sirens should be ringing with last week’s firing of the three top Army, Navy and Air Force lawyers, known as Judge Advocates General, by Secretary of Defense Pete Hegseth. Hegseth’s rationale is that he wants general officers who will give “sound constitutional advice and don’t exist to attempt to be roadblocks to anything.” 

The nation’s Judge Advocates General (JAG) and the JAG Corps advise our military commanders on a multitude of issues and act as the ultimate guardians of the rule of law within the military. JAGs represent the backstop of ethics and legality both within the military branches and radiating outward living by the motto: “lawyers advise, commanders decide.” JAGs give counsel to help commanders achieve mission success while protecting the values that underpin our military.

The three JAGs terminated by Hegseth last week had all served our country honorably for decades. Their careers were abruptly ended not because of any demonstrated “roadblocks,” a lack of leadership, or even disloyalty to the president. They were preemptively fired because they are perceived to be “roadblocks” to some action that Hegseth is contemplating or anticipates the president may take. 

This is particularly concerning considering President Trump’s demonstrated disdain for laws that circumscribe his power to use force, including those outlined within the U.S. Constitution. He has also advocated for the use of our military to achieve his self-serving anti-democratic goals. 

• In 2020, he used US soldiers to forcibly squelch anti-Trump protests while he “took a walk” to a church in Washington, D.C. 
• During that same summer amidst Black Lives Matter Protests, former Defense Secretary Mark Esper said that Trump asked authorities, “Can’t you just shoot them? Just shoot them in the legs or something”?
• In 2015, he threatened to have our military kill the families of ISIS terrorists. (A violation of international law and a war crime). 
• In 2016, President Trump advocated for the use of torture (“they asked me the question, ‘What do you think of waterboarding?’ Absolutely fine. But we should go much stronger than waterboarding”) – a fundamental contradiction of the U.S. Constitution and our nation’s values.

In the first Trump administration the President surrounded himself with recognized military leaders with reputations for integrity – Generals John Kelly and James Mattis, and Lieutenant General H.R. McMaster. The departure of these military leaders revealed a pattern of sidelining those who uphold the rule of law in favor of those who will serve his agenda without question.

Moreover, Secretary Hegseth has sharply criticized the Rules of Engagement (ROE) issued by commanders in Iraq and Afghanistan.  ROE are not obstacles to be overcome—they are designed to protect both soldiers and civilians. By adhering to strict ROE, we reduce civilian casualties and lower the chances of civilians joining the enemy in the fight against us. These rules ensure that military operations are conducted in a way that maximizes effectiveness while maintaining ethical standards. For example, we are scrupulous in taking prisoners of war (POWs) because not only it is the right thing to do, but it’s also required by law (in the case of enemy surrenders). We take POWs because, without this adherence to military and humanitarian standards, our enemies would fight to their deaths and take a high number of American lives with them.  ROEs and the laws of armed conflict help preserve life, uphold our moral high ground, and contribute to a more stable and controlled environment. These standards and our core values are instilled in military cadets and recruits at the onset of basic training and repeated over and over again via drills and exercises before any American enters actual warfare.

The authoritarian play book is no secret to Donald Trump and should not be to Americans. First you replace those in power who will do your bidding, -- no matter how abhorrent to the rule of law -- and then replace any who might be “roadblocks.”

Those sirens should be blaring. It should alarm every American that a President who has threatened to use US troops to deploy lethal force against American citizens now wants those who should be the guardians of the rule of law – to be equally subservient. With the “roadblocks” eliminated and questionable morality and an open disdain for the Constitution at the helm, we are currently teetering on an extremely dangerous precipice in which our collective liberties will be the sacrifice.

Published in The Daily Journal: https://www.dailyjournal.com/articles/384441-when-they-say-the-quiet-pa…