A Military Coup in This Country?

At least one active duty Marine officer is arguing that military officers have the duty to disobey orders that they don't like. LTCOL Yingling takes him apart.

The Marine officer who is, in essence, arguing that the Pentagon is a fourth branch of government and has the duty to intervene in domestic political affairs is a man by the name of Lieutenant Colonel Andrew R. Milburn. He may be a great and fine warrior. His chest is undoubtedly festooned with many medals and ribbons attesting to that. Nonetheless, he is a dangerous threat to this Republic.

The President is commander-in-chief of the armed forces. Article II, Section 2 of the Constitution. There is nothing in American constitutional law, jurisprudence or military history that would support Col. Milburn's idea that the armed forces have any kind of veto power over our government. The oath of office for officers requires them to "support, protect and defend the Constitution from all enemies, foreign and domestic."

Indeed, if Col Milburn truly believes the words that he has written, then he is advocating a course of action that contravenes his oath of office. He seeks to allay fears of the military intervening in domestic politics by the observation that since the military has not sought to overturn civilian rule since the Newburgh Conspiracy, that there is no tradition of military coups in this country (unlike Turkey or most of Central and South America), that there is nothing to fear.

That is pretty weak consolation. One can find no shortage of Wingnut blogs and theorists who are advocate a military coup. The refer to the President as "an usurper", as though the presidency is some sort of office passed down by bloodline,* while ignoring the inconvenient fact that President Obama won his office through a free and fair electoral contest.** I have no doubt that there are not a few proponents of a military coup within the officer corps.

Second, Milburn ignores that there has been at least one plot within the last century to take power by a military coup.*** The circumstances of the Business Plot were somewhat analogous to today's events; a Democratic president has sought to limit the power of the banksters and Wall Street and those forces are pushing back.

The military does not have to obey orders which would constitute a war crime or which would violate the Constitution. Other than those two exceptions, the choice for an officer or soldier is the same as it has been since time immemorial:

Theirs not to make reply,
Theirs not to reason why,
Theirs but to do and die.

If they cannot abide by that, they can refuse their orders and take their lumps. or, if the option is available, they can resign their commissions and find other work.

Col. Milburn should also consider that there may be others in the officer corps who take their oath far more seriously then he would be presumed to do. A commander who orders his troops to intervene in domestic political matters may end up being arrested or fragged.

Finally, read the oath of office, if you did not do it at my first mention of it. There is no time limit. It is not canceled or released by the end of military service. There is no shortage of veterans who regard that oath as still binding. If Col. Milburn and his ilk are contemplating a miliary intervention into domestic matters, they had better be prepared for the notion that such an intervention will not be without blood.
___________________
* Though, to be fair, that would seem to be how the GOP now chooses its successful presidential candidates.
** Unlike, for instance, George W. Bush.
*** There have been persistent allegations that George W. Bush's paternal grandfather was a part of it.