The Constitution or Commander-in-Chief?

Reflections on duty in an age of autocratic rule

The lesson of Nuremberg still matters: “I was only following orders” is not a defense when legality, morality, and constitutional duty collide.

I served first as an Army sergeant in my youth, and later as an officer in both Military Intelligence and Special Forces for nearly twenty-six years. I retired from active military service in 1997. In all that time, I lived my oath and followed the orders of the President of the United States and those of my senior officers. Like millions of others who have served in uniform, I was loyal; I believed in the intent of the US Constitution to, among other goals, “…promote the general Welfare…” found in the first sentence of that much-revered document.

I am in fear today because I now believe that this president has no genuine interest in promoting anything other than what is best for himself, his family, and what I call the “New Nobility,” also known as the One Percent, those who control most of America’s wealth.

Our military swears an oath to the Constitution and not to any one person, political party, or those possessing great wealth. However, what if this US President continues to repetitively betray his oath of office by acting outside the law? What loyalty does the US Armed Forces then owe him? I never thought that I would ever feel compelled to write such words in my life. But these are not normal times. This president is like no one else who has ever sat behind the Resolute Desk.

Regrettably, today’s Oval Office resident disdains legalities and the Constitution upon which our laws are based. This president appears to objective observers as unforgivably corrupt. I mentioned in a previous essay for The Steady State that my multiple overseas experiences have taught me that when a person at the head of any government is corrupt, they corrupt all who surround them. America appears well into this process. If you are not one of the MAGA faithful, you may have noticed.

What if the commander-in-chief of our military is indeed corrupt and repeatedly violates his oath of office? What then? Nobody wants to contemplate the potential impact of these words. Tragically, the second chaotic Trump Administration demands it. He is reportedly considering an unconstitutional third run for the highest office in the land.

Our service members, under the Uniform Code of Military Justice, do not have to obey any order that is illegal even if it is issued by the president or his appointed Secretary of Defense. I am concerned that we are seeing this matter tested in the real world in real time.

I am certain that any number of senior officers at the Pentagon have privately considered these issues. Some have been compelled to retire early; several flag officers, including the well-regarded Chief of Staff of the US Army Randy George, have been fired by a vanity-driven civilian Pentagon chief.

What if the president decides to retake Panama, invade Cuba, leave the NATO alliance, or reconsider his decision to take Greenland by force of arms? Given recent events, it seems that he is capable of almost anything. Would this President’s directives to these actions be illegal? What would, or should, the Joint Chiefs and combatant commanders do if faced with such a conundrum? If you recall, this White House fired the most senior Judge Advocates General of the US Armed Forces. One wonders why?

“I was only following orders” was the common refrain of criminal Nazis at the Nuremberg trials at the end of WWII. This weak excuse was not accepted by allied judges, who condemned many to death or long prison terms.

Of course, we are still engaged in an unnecessary war with Iran. A Trump-promised brief conflict has already dragged on for far too long, and with no end in sight. It is abundantly clear that nobody in this administration has read Paul Kennedy’s brilliant book on strategic over-stretch and the fall of empires.

I read speculation in the media about the coming constitutional crisis caused by this chief executive. I fear that, based on the above-stated concerns, the crisis is already here.

Robert Bruce Adolph , a qualified Military Strategist, is a retired senior US Army Special Forces soldier. He holds graduate degrees in both National Security Studies & International Affairs and was formally trained as a counterintelligence special agent. Robert also taught university level courses in American Government, US History, and World Politics. Following his retirement from the active military, he joined the UN, subsequently seeing service in Sierra Leone, Yemen, Iraq, Egypt, Israel/Palestine, Indonesia and more, culminating in the role of Chief of the Middle East and North Africa at UN Headquarters in New York. He is the author of “Surviving the United Nations,” now out in a second edition. He is a member of The Steady State.

Founded in 2016, The Steady State is a nonprofit 501(c)(4) organization of more than 400 former senior national security professionals. Our membership includes former officials from the CIA, FBI, Department of State, Department of Defense, and Department of Homeland Security. Drawing on deep expertise across national security disciplines, including intelligence, diplomacy, military affairs, and law, we advocate for constitutional democracy, the rule of law, and the preservation of America’s national security institutions.