An Appeal to Our Active Duty and National Guard Troops

Refuse Trump’s Illegal Orders!

No Troops on Our Streets!

 

Trump is declaring martial law. He has already federalized California National Guard, over the objection of that state’s governor,  to widen federal military attacks on protesters in Los Angeles.  He may also order you, U.S. service members, into cities and towns across the country, to suppress the millions of people who will pour into the streets to protest his illegal power grab. Are you ready to shoot down civilians, your friends and neighbors?

If unions go on strike, are you ready to bayonet workers standing up for our democratic rights?

In 2020, Trump wanted his Defense Secretary, Mark to put thousands of federal troops in U.S. cities to shoot down Black Lives Matter protests of the killings of George Floyd, Breonna Taylor and so many others. Esper refused. Are you willing to kill for Trump as he tries to illegally grab power and uses you to exact bloody revenge on any who oppose him?

National Guard and U.S. military helicopters and chemical sprays were used on June 1, 2020 against peaceful protestors in Washington D.C. for a photo op showing Trump holding a bible in front of a church. This was clearly a dress rehearsal for Trump using the military to stay in power. Both Esper and Pentagon Chief General Milley, as did all eleven retired Secretaries of Defense, condemned this as interference in U.S. politics. Of course, this enraged Trump.

The new Trump administration is now filled with those who have no loyalty to the Constitution or democratic rights of the people. They have loyalty only to Donald Trump.

But you do have a choice. You have been told over and over again that you must follow orders. Trump may be the Commander-in-Chief, but you swore an oath to defend the Constitution, not Donald Trump. Article 92 of the Uniform Code of Military Justice dictates that you must follow only lawful orders. And the federal Posse Comitatus Act of 1878 specifically prohibits the use of troops inside the U.S. except when authorized by an act of Congress.

Soldiers before you, in Vietnam, in the U.S. after the assassination of Dr. King and throughout our history have refused illegal orders. The Nuremberg Trials after World War II established the international principle that “just following orders” is no excuse for murder or other unconstitutional uses of force. You have a duty to uphold the Constitution.

And don’t forget – Trump called you “suckers and losers.” That is why he is gutting veterans benefits, even to those wounded in combat.

If the day comes that Trump orders you to attack the people, stand down! You not only have the right, but the duty to tell your commanders that you will not enable Trump to overturn the Constitution. Join with the people in the streets and help protect our democratic rights! Talk to your fellow service members and be prepared to stand up for justice. See https://linktr.ee/donotturnonus for more resources to assist you.

Resources:

  • The Military Law Task Force established by the National Lawyers Guild has set up a system for free, confidential telephone consultations with attorneys to discuss possible illegal orders and related issues. Servicemembers can call the MLTF, at 619-463-2369, for referral to a volunteer attorney.
  • A comprehensive legal memo is included as part of the CLE which discusses the law regarding illegal orders and alternative methods of avoiding compliance with such orders.

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