Members of Congress are urging the top leaders of the Pentagon to uphold the principle of keeping the military out of political matters during the upcoming presidential election and to prevent the illegal use of active-duty troops as a domestic police force. Concerns have arisen as the election season intensifies following the riot at the U.S. Capitol on Jan. 6, 2021, aimed at disrupting the certification of Joe Biden’s victory.
Former President Donald Trump, despite evidence disproving claims of election fraud in 2020, persists in disputing the election results and is facing charges related to efforts to overturn the outcome. Lawmakers, including Democratic Reps. Elissa Slotkin and Mikie Sherrill, are calling on Defense Secretary Lloyd Austin and Gen. CQ Brown to reaffirm that U.S. law prohibits using military forces for civilian law enforcement and to reject any unlawful orders.
A letter written by Slotkin and Sherrill highlights concerns about Project 2025, an ultraconservative plan for a future Republican White House that envisions potential military involvement in policing the southern border. The lawmakers stress the importance of preventing the military from being used for political purposes, particularly in light of past attempts to disrupt the peaceful transfer of power.
Former Joint Chiefs Chairman Mark Milley emphasized the non-political nature of the U.S. military in response to similar questions before the 2020 election, noting that disputes over elections are to be resolved by U.S. courts and Congress, not the military. Defense Secretary Lloyd Austin has also stressed the importance of maintaining the apolitical stance of the Department of Defense and preventing its involvement in political activities.
While federal law prohibits the use of active-duty military for law enforcement purposes under the Posse Comitatus Act, the Insurrection Act allows for the President to call upon reserve or active-duty military units to suppress insurrections or rebellions. Trump has openly discussed potential military involvement at the border and in handling situations of violent crime in cities should he win the presidency.