Pentagon
officials discussing how to respond if Trump issues controversial orders
By Natasha
Bertrand and Haley
Britzky, CNN
7 minute read
Updated 8:32 PM EST, Fri November 8, 202402:25
CNN —
Pentagon officials are holding informal discussions about how the
Department of Defense would respond if Donald Trump issues
orders to deploy active-duty troops domestically and fire large swaths of
apolitical staffers, defense officials told CNN.
Trump has suggested he would be open to using active-duty forces for
domestic law enforcement and mass deportations and has indicated he wants to
stack the federal government with loyalists and “clean out corrupt actors” in
the US national security establishment.
Trump in his last term had a fraught relationship with much of his
senior military leadership, including now-retired Gen. Mark Milley who took steps to limit Trump’s ability to use nuclear weapons while he was
chairman of the Joint Chiefs of Staff. The president-elect, meanwhile, has
repeatedly called US military generals “woke,” “weak” and “ineffective
leaders.”
Officials are now gaming out various scenarios as they prepare for an
overhaul of the Pentagon.
“We are all preparing and planning for the worst-case scenario, but the
reality is that we don’t know how this is going to play out yet,” one defense
official said.
Trump’s election has also raised questions inside the Pentagon about
what would happen if the president issued an unlawful order, particularly if
his political appointees inside the department don’t push back.
“Troops are compelled by law to disobey unlawful orders,” said another
defense official. “But the question is what happens then – do we see
resignations from senior military leaders? Or would they view that as abandoning
their people?”
It’s unclear at this point who Trump will choose to lead the Pentagon,
though officials believe Trump and his team will try to avoid the kind of
“hostile” relationship he had with the military during his last administration,
said a former defense official with experience during the first Trump
administration.
“The relationship between the White House and the DoD was really,
really bad, and so … I know it’s top of mind for how they’re going to select
the folks that they put in DoD this time around,” the former official said.
Defense officials are also scrambling to identify civilian employees
who might be impacted if Trump reinstates Schedule F, an executive order he first issued in 2020 that, if enacted, would
have reclassified huge swaths of nonpolitical, career federal employees across
the US government to make them more easily fireable.
Secretary of Defense Lloyd Austin said on Tuesday that “I totally
believe that our leaders will continue to do the right thing no matter what. I
also believe that our Congress will continue to do the right things to support
our military.”
‘The enemy
from within’
Top of mind for many defense officials is how Trump plans to wield
American military power at home.
Trump last month said the military should be used to handle what he
called “the enemy from within” and “radical left lunatics.”
“I think it should be very easily handled by, if necessary, by National
Guard, or if really necessary, by the military, because they can’t let that
happen,” he added, referring to potential protests on Election Day.
Several former senior military officials who served under Trump have
sounded the alarm in recent years about his authoritarian impulses, including
Milley and retired Gen. John Kelly, Trump’s former White House chief of staff.
Kelly said before the election that Trump fits “into the general definition of
fascist” and that he spoke of the loyalty of Hitler’s Nazi generals.
There is not much the Pentagon can do to pre-emptively shield the force
from a potential abuse of power by a commander in chief. Defense Department
lawyers can and do make recommendations to military leaders on the legality of
orders, but there is no real legal safeguard that would prevent Trump from
deploying American soldiers to police US streets.
A former senior Defense Department official, who served under Trump,
said he believes it is likely that additional active-duty forces will be tasked
with assisting Customs and Border Protection at the southern border.
There are already thousands of forces at the border, including those
with active duty, National Guard, and the Reserves. The Biden
administration sent 1,500 active duty forces last year, and later sent several hundred more.
But it is also possible, the former official said, that forces could be
sent into American cities if asked to help with the mass deportation plan Trump mentioned repeatedly on the trail.
Domestic law enforcement agencies “don’t have the manpower, they don’t
have the helicopters, the trucks, the expeditionary capabilities” that the
military brings, he said. But he emphasized that the decision to send
active-duty forces into American streets cannot be taken lightly.
“You can never water that down, you can never say with a straight face
that it’s not a big deal. It is a big deal,” the former senior official said.
“But it’s the only way to address issues at scale.”
Separately, an Army official told CNN they could imagine a Trump
administration ordering several thousand more troops to support the border
mission but warned it could hurt the military’s own readiness to deal with
foreign threats.
The president’s powers are especially broad if he chooses to invoke the
Insurrection Act, which states that under certain limited circumstances
involved in the defense of constitutional rights, a president can deploy troops
domestically unilaterally.
A separate law – the Posse Comitatus Act – seeks to curb the use of the
military to enforce laws unless authorized by Congress. But the law has
exceptions for rebellion and terrorism, which ultimately gives the president
broad leeway in deciding if and when to invoke Insurrection Act.
Trump reportedly considered invoking the Act in 2020 to quell protests after the
death of George Floyd.
“If the city or state refuses to take the actions that are necessary to
defend the life and property of their residence, then I will deploy the United
States military and quickly solve the problem for them,” he said at the time.
Civilian
employees at risk
In a video posted last year, Trump said if elected he would “immediately re-issue
my 2020 Executive Order restoring the President’s authority to remove rogue
bureaucrats…we will clean out all of the corrupt actors in our National
Security and Intelligence apparatus, and there are plenty of them.”
The Pentagon is already bracing for the policy change.
“My email has been inundated on this topic,” one defense official said
of Schedule F. “Definitely going to be a busy couple months.”
After Trump issued Schedule F the first time, late into his last term,
the Pentagon and other federal agencies were tasked with making lists of which
employees would be moved into that category. At the time, defense officials
tried to include as few civilian employees as possible to limit the impact to
the workforce, sources said. The department is making similar lists now.
The Office of Personnel and Management issued a rule in April that
aimed to strengthen guardrails protecting federal employees. But “there are
still ways a new administration could work around these protections,” a defense
official said, even if it might take several months to do so.
Austin has warned repeatedly about the risk of political abuse of the
military. In July, he said in a memo that it is “necessary to secure the
integrity and continuity of the civilian workforce by ensuring that DoD career
civilian employees, like their uniformed counterparts, are shielded from
unlawful and other inappropriate political encroachments.”
He added that career civil servants are tasked with “maintaining strict
political neutrality focused on loyalty to the Constitution and laws of the
United States.”
And on Wednesday, he wrote in a message to the force that the US military
will obey only lawful orders.
“As it always has, the US military will stand ready to carry out the
policy choices of its next Commander in Chief, and to obey all lawful orders
from its civilian chain of command,” he wrote. “You are the United States
military-the finest fighting force on Earth-and you will continue to defend our
country, our Constitution, and the rights of all of our citizens.”
In the State Department, Secretary Antony Blinken said in an email to
members of the workforce Friday that he will make clear to the incoming Trump
administration that “you are all patriots.”
The message, obtained by CNN, acknowledged that “transitions can be
periods of uncertainty that raise questions about what comes next for our work
around the world, for the State Department itself, and for its people.”
It is a seemingly pointed message. The State Department saw some of its
top career officials targeted as part of Trump’s first impeachment and there
was a significant departure of career diplomats during the first Trump
administration.
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