https://www.lawfaremedia.org/article/a-politically-neutral-military-is-not-always-obedient
Editor’s Note: In January, a week before the inauguration of President Trump’s second term, the author submitted for Lawfare’s consideration this piece, which argues that political neutrality obligates military resistance to lawful orders in some extraordinary circumstances. In the lead-up to the 2024 presidential election, Lawfare published a series of essays in partnership with Protect Democracy explaining the many limitations, drawbacks, and dangers of deploying the military on U.S. soil. Lawfare’s editorial team felt that the submission complemented that series, and responded to a debate happening at the time referenced in the introduction of the piece, so we accepted the submission.
After a series of edits, the article was almost ready for publication, but the author reached out to withdraw the submission, citing intense pressure from his institution, the United States Military Academy West Point, to do so. This occurred on Jan. 23, three days after the inauguration.
The piece remained unpublished until today. This morning, the New York Times ran an op-ed from the author announcing his plan to resign from West Point at the end of the semester and providing context about the erosion of academic freedom at the military academy. After consulting with the author, Lawfare has decided to publish the initial submission below.
- Tyler McBrien, Managing Editor
Start of submitted piece:
There is a debate unfolding in the U.S. about the military’s obligation to civilian leadership. I and others have argued that military leaders may be ethically obligated to refuse or resist some extraordinary orders even if those orders are not patently illegal. Some experts, including Charles Dunlap, Martin Dempsey, and Peter Feaver, have responded by insisting that, on the contrary, the military’s obligation to obey legal orders is absolute.
There are three interrelated objections critics have offered against views, like mine, that allow for the possibility of disobedience.
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