No. of Recommendations: 18
Retired Navy captain Jon Duffy encapsulated where this kind of thinking leads in an op-ed published today in Defense One, which covers issues of national security. Examining the administration's strike against a small vessel in the Caribbean last week, Duffy warned that “[t]he United States has crossed a dangerous line” into “lawless power,” operating without regard to the law.
Duffy reminded readers of the Supreme Court’s July 2024 ruling in Donald J. Trump v. United States that the president cannot be prosecuted for crimes committed while exercising official duties. At the time, he notes, experts warned that the decision would “give the commander-in-chief license to commit murder,” but a majority of the court waved those concerns away. “Now,” he writes, “the president has ordered killings in international waters. Eleven people are dead, not through due process but by fiat. The defense secretary boasts about it on television. And the president will face no consequences.”
“This is no longer abstract,” Duffy writes. “The law has been rewritten in real time: a president can kill, and there is no recourse. That is not strength. That is authoritarianism.”
Duffy notes that Trump has already used the exact same logic when he sent National Guard troops into U.S. cities: “redefine the threat, erase legal distinctions, and justify force as the first tool.” He warned that “the commander-in-chief of the most destructive military power in history has been placed beyond the reach of law.”
Duffy urged military leaders to stand firm. “A republic that allows its leaders to kill without law, to wage war without strategy, and to deploy troops without limit is a republic in deep peril. Congress will not stop it. The courts will not stop it. That leaves those sworn not to a man, but to the Constitution. The oath is clear,” he wrote. “[U]nlawful orders—foreign or domestic—must be disobeyed. To stand silent as the military is misused is not restraint. It is betrayal.”
h/t Heather Cox Richardson
