“Speaker Pelosi, making sure he, the president, can’t do anything with the nuclear codes, it doesn’t quite work like that," said the former senior military official. "I think it was more a matter of expressing her grave concern that we have an 'unstable president' who could order military action, including nuclear weapon use. But it’s not up to the military to decide he is unstable. Until he is declared unstable or unfit for the presidency through the 25th Amendment, the military is still under obligation to him.”“But it’s not up to the military to decide he is unstable. Until he is declared unstable or unfit for the presidency through the 25th Amendment, the military is still under obligation to him.”
Orders, Fidell said, are presumed to be lawful. “What people do not have is the privilege of saying they disagree with an order on policy grounds. So if, for example, you felt a particular military operation was unwise, that's not a defense at all,” he added. While the distinction can sometimes be confusing, Fidell said, there are some easy cases. “A hypothetical we came up with was President Trump held a political event at the White House, and asked a Marine band to play at the event. What if you’re the piccolo player in the band, and you’re ordered to play at a political event at the White House? Well, that would actually be an illegal order in my opinion because it is not serving any military purpose.” “It is the responsibility for every member of the American military to refuse to obey unlawful or immoral orders,” said Schake. “It is the expectation of the American people, that the men and women in its military service will always exercise their judgment."“It is the responsibility for every member of the American military to refuse to obey unlawful or immoral orders.”
A former defense official agreed: “We don't want the U.S. military to be involved in what are inherently political expressions. It was only when the situation devolved to the point where law enforcement needed help. That’s the issue.”Part of the reticence about military involvement stems, former leaders said, from critiques of military involvement during the summer’s peaceful Black Lives Matters protests in Washington, D.C. “I think that the events of the summer impacted the approach the military was expected to take,” General Vincent K. Brooks told VICE News. The former head of U.S. forces in Korea has written about the “breach of sacred trust” that took place in June.Another defense official agreed with his assessment. “We know that there was great criticism about the visibility of military capabilities in Washington, D.C. in the summer of 2020,” they said.Part of the reticence about military involvement stems, former leaders said, from critiques of military involvement during the summer’s peaceful Black Lives Matters protests in Washington, D.C.
A retired senior military officer with national security experience told VICE News that Pence authorizing or approving a response from the National Guard was “extraordinary.” “The vice president is not in the military chain of command. So, the president, who is the commander in chief of the armed forces and of the National Guard of the District of Columbia, is where the authority is vested,” they said. “And that's passed to the secretary of defense, but the secretary doesn’t get to commit without the authority of the president.” Further, the officer said that as Miller is unconfirmed, he doesn’t “have the same constitutional authority.” “We’re off in the twilight zone, when I saw [Pence approving the National Guard]. That is not how this machinery is supposed to function,” said Fidell. However, he said, “The danger to our society and to our democracy is not an out-of-control military. It’s from an internal rebellion that has been enabled, fueled, and accelerated by an out-of-control chief executive, who should have been checked and wasn’t. These are issues of a political nature rather than a strictly legal nature.”Despite the chaos on Wednesday, some say the military chain of command did not break down. Another former defense official told VICE News, “It's not at all extraordinary for the secretary of defense to be the one to sign the orders for that deployment.” While the vice president is not in the chain of command, they said, “Secretary Miller acted within his authority for that deployment.”“We’re off in the twilight zone, when I saw [Pence approving the National Guard]. That is not how this machinery is supposed to function.”
Now, with threats of further violence from the same insurrectionists that stormed the Capitol, 15,000 members of the National Guard will possibly be deployed during the inauguration. The need to do so is deeply disturbing, though not surprising, to those who served. Former generals also spoke with VICE News about their deep sadness and disappointment after Wednesday’s attack. “This was a renewal of the dismay and disappointment from this summer, and I would add disgust in this case,” said Brooks. “The executive branch declared war on the legislative branch in my country.”Zukunft said he was “incredulous” at Wednesday’s attacks. “Here we are, in the United States of America, witness to an insurrection upon our democracy,” he said. (In September, Zukunft endorsed President-Elect Joe Biden, citing “an insurgency, if you will, on our constitutional rights and more power being centralized at the executive level that has really divided our nation,” in an interview with Politico.) Retired General Joseph Dunford, former Chairman of the Joint Chiefs of Staff, told VICE News, “Wednesday was a sad day for our country in terms of violence that took place at the Capitol and what that represented. On the other hand, having a little bit of time to reflect, I also am encouraged by the strength of our institutions. And when I look back at the judicial actions taken, actions at the state level, and the ultimate action taken by the Congress on Wednesday evening and into Thursday morning, I believe we can say that our democracy was bent, but it wasn't broken. At the end of the day, it has proven to be resilient. That doesn't mean that we haven't identified some fundamental issues that need to be addressed with a sense of urgency. But I do think we can say that the institutions that were intended to get us to the right place during difficult times actually worked.”Follow Leah Feiger on Twitter.“We can say that our democracy was bent, but it wasn't broken. At the end of the day, it has proven to be resilient.”