Service members: Remember the duty to disobey
In the not-too-distant future, military members of all ranks and specialties might have a difficult choice: side with an unlawful president or with the Constitution.
By Valerie Rivera
Our military warriors are afraid right now.
But not for the reasons you might think. Most wouldn’t hesitate to give their lives for their country.
What’s terrifying is the possibility of being asked to violate the oath they swore to uphold - unable to trust their leaders, their comrades, and even themselves to do the right thing.
Historically, Americans have considered the military among the most respected of professions. When President Donald Trump insisted on using the military to suppress peaceful protests in his first term, then-Chairman of the Joint Chiefs of Staff Gen. Mark Milley was willing to speak truth to power and said he would refuse unlawful orders. However, in the past month, the Trump administration has purged senior military leaders and undermined legal oversight. Professional brass are being replaced with “yes men” who will pose no barrier to the administration’s anti-democratic moves.
In the not-too-distant future, military members across the Department of Defense might have a difficult choice. Will they take a stand and uphold their oath to the Constitution, or will they be complicit in the downfall of democracy?
I won’t have to face this hard choice myself. But, as a retired Air Force veteran, I have many friends who remain in the military. They tell me that they are worried, afraid to speak up or out, and being warned to be careful if they do. Some are whispering in twos or threes, barely willing to voice their concerns out loud. Others are reaching out to retired military colleagues to ask for guidance on how to navigate the “craziness” of the Trump administration while maintaining their integrity. Still others have decided that they cannot serve under this president and have quietly submitted their retirement paperwork. The departures of these highly respected leaders have eroded trust in the chain of command and made things even more fraught for the active-duty members who remain.
Fraught might be an understatement. As Americans, we are faced with an administration that is displaying open hostility to the Constitution. It is blatantly testing boundaries, running roughshod over established law, and careening towards autocracy.
As a young airman, I worked on a signals intelligence “watch floor” with service members from every military branch. Surrounded by computer screens and informed by data feeds, we monitored our area of responsibility for “indications and warnings” to keep our deployed military comrades safe. Most of the time, the work was predictable. But one night, there was unusual activity in our region, creating confusion that could lead to dangerous delays in reporting.
Just when it felt as if we were losing control of the situation, our watch chief, an Army sergeant first class with a booming voice, shouted across the dark room: “If you see something you don’t understand, yell ‘WHAT THE F$CK?’ and I will come over there, and we will figure it out together!”
And that’s exactly what happened. Throughout the night, we sounded the alarm and used our collective experience to make sense of the data, fulfilling our duties.
Unfortunately, the time has come yet again to stand up and yell, “WHAT THE F$CK?”
With remarkable speed, this administration has limited First Amendment rights and due process, and restricted freedom of the press. As opposition to the president strengthens, his urge to consolidate power through any means necessary grows.
The stage has been set to put the soldiers, sailors, Marines, airmen, and the guardians of the United States in an untenable position: to force them to choose between following orders or upholding the Constitution. In fact, the military might very well be democracy’s last line of defense.
The test is coming—and it’s coming fast.
On April 5, hundreds of thousands of Americans plan to protest across the country. A protest that “turns violent”—or is made to turn violent—could be used as justification to invoke the Insurrection Act.
What’s more, one of the first official actions of the Trump administration was signing an executive order demanding a joint report from the Secretary of Defense and the Secretary of Homeland Security on the state of the border by April 20. The executive order specifically highlights invoking the Insurrection Act as a possible option, whether or not it is warranted.
Under normal circumstances, invoking the Insurrection Act and declaring martial law would be an absolute last resort, but this administration sees these as viable tools to crush and silence ordinary opposition.
Service members are trained to follow orders, which are presumed lawful. But history has shown that obeying orders is NOT always justified. After World War II, the Nuremberg Trials made one thing clear: “I was just following orders” is not a defense. The Uniform Code of Military Justice (UCMJ) upholds this principle, stating that military personnel have a duty to disobey unlawful orders.
The problem with what’s unfolding right now is that military members cannot count on their leaders to reject unlawful orders and choose the Constitution over a tyrant. Our dedication to training is one of the reasons our military is exceptional - but the military hasn’t been trained for a scenario in which a sitting president is actively plotting the demise of democracy.
Service members might have to make the decision themselves - a precarious position indeed, especially when orders don’t come labeled as unlawful. In this case, they would be cloaked in just enough legality to create doubt. The burden falls on the service member to prove the illegality, and even the mere act of questioning an order can end a career.
I hope those serving today take heart in the many ex-military who are speaking out against Trump’s corruption of our armed forces. There is power in our shared bond and oath to the Constitution. We might not be serving anymore, but we recognize the unique challenge of this moment, and we support you.
Your active-duty comrades might not be yelling “WTF” yet, but the whispers are there, and they are growing louder by the minute.
Trump and his muscle might court-martial a few brave souls. But can they court-martial 1,000? Can they court-martial 10,000 making the hard choice to do what is right?
My fellow service members, inform yourselves. Know your obligations. Decide what side of history you will be on. And when the time comes, never forget that you have a duty to disobey.
My hope is that you have the strength to channel your inner Indiana Jones from The Last Crusade. Make that “leap of faith.” Fear is natural. But I trust the ground will rise up beneath you. You’ll be surrounded by courageous colleagues and citizens united in the defense of democracy.
Valerie Rivera served 20 years in the Air Force. She is now a business consultant focused on leadership and workplace culture.
It is nice to see that someone else has noticed this. I have been posting about this for the past several weeks. I, too, fear what may happen on 05April. As a former Marine officer, I took my oath to protect the constitution very seriously and hope that others on active duty do as well. Like you, I believe that the military is our last line of defense for our democracy and if they comply with orders violating the constitution, it is truly over. The fascist coup will be complete.
Thank you for this, and your service. These decisions may become a heavy burden for soldiers.
Perhaps an impending crisis might be averted if enough of Congress begin to act from a commitment to their oaths. What the F$ck indeed!