Threat to Use Military and Federal Forces Post Election


May 30, 2020. Military police deployed against people in Washington, DC protesting police violence and impunity in the wake of the killing of George Floyd.

Great concerns are being raised both among the rich and among the people, that there will not be a "peaceful transition" in this election. Open violence could erupt among the factions of the rich as they vie for the presidency. Racist, Hitlerite armed militias could be used by the state to foment violence against the people. President Trump has threatened use of the military against any, including elected officials and protesters, who refuse to accept him as president if he decides to declare victory. Biden, for his part, has said the military will escort Trump out of the White House if he loses and refuses to leave. The president is not sworn in until January 20, 2021, so the entire period from November 3 to January 20 is expected to see manoeuvres and violence of various kinds by governments at all levels.

The concern among the rulers is such that their Quincy Institute for Responsible Statescraft (QI), founded by billionaires Charles Koch and George Soros and said to bring together the "right" and the "left," held a webinar titled, "The U.S. Military's Role in a Contested Election." They asked, "What role, if any, might the United States military play if the results of the upcoming presidential election are contested?" "How does the military remain apolitical and not succumb to electoral politics? How might an election-related crisis affect the relationship between the American people and the U.S. military, which polls continue to say is the most trusted institution in America? And what are the military's constitutional responsibilities, should the president refuse to leave office in a contested election?"[1]

It is evident from these questions that one possibility raised is for the military, the "most trusted institution," to itself take command in the name of preserving the Union and the Constitution. If the actions of the president, such as refusing to leave, are considered unlawful, then the military would be seen as upholding the law.

The oath of office for all officers is to the Constitution, against enemies both foreign and domestic, and not to the president. At the same time, the oath for enlisted soldiers, who could be called into action, includes obeying the lawful orders of the president and their officers.[2]

There is also concern that the military, which has been used against rebellions by African Americans in the past, will lose whatever credibility it has if it intervenes. In Washington, DC on June 1, the military police were already used by Trump against protesters in Lafayette Square with 1,600 troops on standby. With demonstrations ongoing in many cities and hundreds more planned if Trump contests the election results, along with possible strikes, Trump may well call for use of the military. When he previously threatened such action, various generals and active-duty soldiers objected. Some among the National Guard deployed to the cities refused to attack protesters.

In such conditions the rulers are not able to predict how the military and various generals and admirals might divide or coalesce or act in a contested election. An Admiral who long commanded the Navy SEALs, for example, recently said in a Wall Street Journal op-ed that he voted for Biden. "[I]f we fail to choose the right leader, then we will pay the highest price for our neglect and shortsightedness," he said. Navy SEALs are well-known for their black ops outside the law. The role other policing agencies might play is another factor creating uncertainty. Both Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) have expressed their support for Trump and this is a factor. There is also the Secret Service to contend with.

There is no unified military in the U.S. and the competition within and between the Army, Navy, Marines, Air Force and the new Space Force is very great, as well as with the CIA and other intelligence agencies. Keeping them unified and under the control of the president as Commander-in-Chief is not only critical but a particular responsibility which falls on the President whose duty it is to preserve the Union.

A main point of discussion is that if the election is contested right through to Inauguration Day on January 20, what might happen? If Biden wins but Trump refuses to leave, who then is the Commander-in-Chief and how would the vying forces be brought together?

Whether or not these scenarios play out, the very posing of the questions reveals that the existing arrangements no longer function and the rulers are scrambling to occupy the space for change in a manner that perpetuates their rule. It shows the futility of appealing to institutions and a Constitution which cannot cope with the needs of the present. Most importantly, it shows the futility of keeping the people out of power.

Conditions of civil war have been sharpening throughout this period. These include the conflicts within and between the military and the president; those between state and federal governments concerning COVID-19, immigration, funding and policing; and those between local, state and federal policing and intelligence agencies, all armed to the teeth.

An election is supposed to resolve conflicts between factions by providing a method to declare a winner. It is supposed to block the use of violence between rivals who are supposed to abide by the rules, such as conceding to the winner. However, the levels of fraud, corruption, manipulation and disruption have become so extreme as contending private interests strive to usurp the state power that rules no longer apply to guide all the different interests on how to act. Far from elections serving as a method to resolve the conflicts peacefully, anarchy and violence prevail.

Conditions are anything but peaceful given both the ongoing repression of protests and the interference in the election by members of the cabinet, generals and diplomats coupled with threats to use the military against the people and for control of the presidency.

Vigilance is required as people continue to stand up for their rights and reject the use of the military and police against them. From coast to coast, working people and youth are leading people from all walks of life to face any contingency. Bringing forward a democracy of the people that can resolve social and political problems without the use of force is the order of the day.

Notes

1. Speakers included: Andrew Bacevich, President of the Quincy Institute and retired Army colonel; Mark Hertling, a 37-year retired Army General who was Commander in Europe, Baghdad and Iraq and who served in the Obama administration; Amber Smith, also Army who served in Afghanistan and Iraq and was part of Trump's Defense Department. Kelley Beaucar Vlahos, a Senior Advisor at QI and co-host of the American Conservative's podcast, The Empire Has No Clothes, was moderator.

2. Oath of Office for officers: "I, [name], do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God."

Oath of Office for enlisted soldiers: "I, (state name of enlistee), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God."

(Photos: R. Pineda, B. Anderson Photo)


This article was published in

Volume 50 Number 7 - November 2, 2020

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Threat to Use Military and Federal Forces Post Election


    

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