Lawmakers Press Pentagon to Ensure Military Stays Out of Election Politics

Members of Congress are urging the Pentagon's top leaders to keep the military out of politics during the upcoming presidential election. They stress that active-duty troops should not be used unlawfully as a domestic police force. This concern arises as the campaign intensifies, marking the first presidential vote since the January 6, 2021, Capitol riot aimed at preventing Joe Biden's victory certification.

Former President Donald Trump continues to assert that fraud cost him the 2020 election, despite his attorney general, recounts, and investigations finding no evidence. He still faces charges of illegally conspiring to overturn the election results. Lawmakers have written to Defense Secretary Lloyd Austin and General CQ Brown, chairman of the Joint Chiefs of Staff, asking them to reaffirm that US law prohibits using military forces for civilian law enforcement.

Concerns Over Military Use in Politics

The letter from Democratic Representatives Elissa Slotkin of Michigan and Mikie Sherrill of New Jersey echoes questions raised before the 2020 election when Trump suggested he might not accept the results if he lost. They highlight Project 2025, an ultraconservative blueprint for the next Republican White House, which includes proposals like firing large swaths of federal workers and dismantling agencies such as the Justice Department.

Although Project 2025 was organised by many of Trump's former aides, it is not part of his campaign. Trump and his campaign have distanced themselves from the project, with Trump calling some proposals extreme. Slotkin stated, "In 2020, when the former President and others disrupted the peaceful transfer of power, principled military leaders made it clear they would not help that effort and took an important stand for democracy."

Historical Context and Legal Framework

Slotkin and Sherrill feel compelled to address potential decisions senior defense officials may face in the next six months. Slotkin is a former senior defense policy official, while Sherrill served as a Navy helicopter pilot. Federal law under the Posse Comitatus Act prohibits using active-duty military for law enforcement purposes. However, the Insurrection Act allows presidents to call on reserve or active-duty military units to suppress insurrections or rebellions against the nation.

In response to similar questions posed before the 2020 election, former Joint Chiefs Chairman Mark Milley stated, "I believe deeply in the principle of an apolitical US military." He added that in case of an election dispute, US courts and Congress are required by law to resolve any issues, not the military.

Statements from Defense Leaders

Austin has spoken sparingly about this issue but emphasised during a July 2021 press conference at the Pentagon that "it's really important to me that this department remain apolitical." He assured he would do everything possible to ensure that the military does not become "part of the political apparatus."

Trump has openly discussed his plans if he wins the presidency again, including using the military at the border and in cities with violent crime issues. The lawmakers' letter underscores fears that prominent leaders might use the military for political ends if given a chance.

The letter urges defense leaders to reaffirm that US law prohibits forces from being used for civilian law enforcement and that they should not follow unlawful orders. This request aims to ensure that military leaders uphold their commitment to democracy and avoid becoming entangled in political conflicts.

The ongoing debate highlights concerns about maintaining an apolitical military amidst increasing political tensions. As election day approaches, these issues will likely remain at the forefront of discussions about preserving democratic principles and ensuring lawful use of military forces.