As Kim read Project 2025, the Heritage Foundation’s blueprint for Trump’s far-right authoritarian government, she became increasingly troubled about the prospect of unlawful orders, fearing especially that the president would use the military against American civilians. Though she’d been planning on staying 20 years in the Air Force, she decided to get out; now, she’s no longer active duty, but because she didn’t serve a full eight years, she could be redeployed. Kim is not her real name; she spoke anonymously to TNR anonymously so as not to jeopardize her future; a dishonorable discharge could harm her employment prospects and imperil her hard-earned military benefits. “I’ve done quite well for myself,” she told me.
She’s speaking out as part of a campaign launched by About Face, a veterans’ group which today—July Fourth—is launching a “Right to Refuse” campaign arguing that service members deserve the right to refuse unlawful or immoral orders, in the hope that Congress will pass a law offering stronger protections to service members who do so. Founded by Iraq War veterans concerned about the immorality of that conflict, About Face has in recent years heard from service members with objections to sending weapons to Israel, dismantling DEI within the military, and especially, recently, the prospect of being pawns in Trump’s authoritarian fantasy, whether in the crackdown in Los Angeles or the military parade in Washington, D.C.
“So I think it’s profound,” she said, “that people are organically breaking out of that enough to start talking to each other about, ‘I’m really concerned about this. What are you thinking you’re gonna do?’” DeBarros says many are wondering what is in their own best interests—but also what is the most moral choice: Is it better to resign publicly or “better to have more people within the military when that moment comes who are willing to stand up and do something and do the right thing? Which is a complicated question for people to sit with.” On the one hand, service members risk losing their benefits and going to prison if they refuse orders; but if they don’t refuse unlawful orders, she said, many will “live with the moral injury and consequences of carrying out something that they knew was wrong.”
Dickinson points out that the deployment of the Marines and federalized National Guard in Los Angeles—they’re still there—isn’t “manifestly unlawful”; the state of California has been litigating it. DeBarros also noted that “there’s not a clear consensus amongst lawyers around what right now constitutes technically legal orders and what constitutes illegal orders.” But even if a service member faces an obviously unconstitutional order, it’s not clear what she should do. Defying the U.S. military is one of the most intimidating prospects someone can face. Disobedient soldiers can be court-martialed and face prison. Yet if they do carry out unlawful orders, the fact that they were “just following orders” is no defense in a criminal trial. All this puts military personnel in an untenable situation.
“I may not have joined the military out of the most patriotic of reasons,” said Kim, the Air Force member, “but I still raised my right hand and swore an oath to the Constitution to defend it from all enemies foreign and domestic. But the American people are not the Constitution’s domestic enemies.”
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