Lawmakers urge Pentagon leaders to keep military out of politics and elections

Members of Congress are expressing their concern to the Pentagon’s top leaders regarding the potential involvement of military forces in political matters during the upcoming presidential election. They are particularly focused on ensuring that active-duty troops are not misused as a domestic police force.

As the election campaign intensifies, these concerns become more pronounced. This election marks the first presidential vote since the January 6, 2021, riot at the U.S. Capitol, which aimed to disrupt the certification of President Joe Biden’s victory.

Former President Donald Trump continues to assert that fraud led to his loss in the 2020 election. This claim persists despite his own attorney general, investigations, and numerous recounts finding no evidence to support it. Additionally, Trump is currently facing charges related to conspiracy aimed at overturning the election results.

A recent letter directed to Defense Secretary Lloyd Austin and General CQ Brown, the chairman of the Joint Chiefs of Staff, urges officials to confirm that U.S. law explicitly prohibits the use of military forces for civilian law enforcement. The lawmakers emphasized that troops should resist any unlawful orders.

This letter, authored by Democratic Representatives Elissa Slotkin from Michigan and Mikie Sherrill from New Jersey, echoes questions raised prior to the 2020 election, when Trump suggested he might not accept the election outcome if he were to lose.

Slotkin and Sherrill referenced Project 2025, an ultra-conservative plan outlining proposals for a future Republican presidency. This expansive document raises alarms about the potential for military involvement in controlling the southern border. It suggests radical changes, including the termination of numerous federal positions and dismantling established agencies like the Justice Department.

Even though many former aides of Trump organized this project, it does not officially represent his campaign, which has its distinct proposals. Trump has distanced himself from Project 2025 and labeled some of its suggestions as extreme.

“In 2020, when the former President and others disrupted the peaceful transfer of power, principled military leaders made it clear they would not assist in that effort and took a strong stand for democracy,” Slotkin remarked. She underlined that prominent leaders now seem ready to use the military for their political interests, should the opportunity arise.

In their letter, Slotkin and Sherrill conveyed their obligation to consider the decisions that top defense officials might face in the near future. Both have notable backgrounds in defense; Slotkin is a former senior defense policy official, and Sherrill served as a Navy helicopter pilot.

Previous inquiries posed to former Joint Chiefs Chairman Mark Milley before the 2020 elections elicited a firm response: “I believe deeply in the principle of an apolitical U.S. military.” Milley emphasized that any disputes regarding elections must be resolved by U.S. courts and Congress, not the military.

While Secretary Austin has not extensively addressed the matter, he has assured that maintaining an apolitical stance for the military is of utmost importance. During a press conference in July 2021, he stated he would take all necessary actions to keep the military separate from political influences.

Federal law, particularly the Posse Comitatus Act, prohibits the use of active-duty military personnel for law enforcement tasks. However, the Insurrection Act allows presidents to deploy reserve or active-duty troops to counter insurrections or rebellions within the nation.

Trump has openly discussed his intended use of the military, should he regain the presidency, which includes deploying troops to the southern border and addressing violent crime in urban areas.