By Tony Wikrent
Trump’s assault on the Constitution
Friday Night Massacre in the Military
Joyce Vance, Feb 22, 2025 [Civil Discourse]
[TW: The AP story on Fridaynight’s firing of Joint Chiefs of Staff chairman Gen. Charles Q. Brown Jr. did not include the crucial news that Trump also dismissed all the senior Judge Advocates General (JAGS) for the Army, Navy, and Air Force. In her Civil Discourse substack, Joyce Vance — a former U.S. attorney for the Northern District of Alabama from 2009 to 2017, and currently a professor at University of Alabama School of Law, as well as a legal commentator on MSNBC — has raised alarms about what all these dismissals mean:]
Is Donald Trump trying to turn the military into a political weapon, just like he’s trying, and at least partially succeeding, in doing at the Justice Department?
….competent military leaders are being dismissed for no apparent good reason.
And that’s the heart of it, why dismiss them? Why on a Friday night? Why so many all and once? And why the Judge Advocates General?
Members of the Judge Advocates General Corps, for instance, respond to legal questions about rules of engagement, targeting, intelligence law, and detainee operations. They are military lawyers whose core functions involve military justice and law of war. They offer advice on questions including what constitutes an illegal order, what is a war crime, what is a constitutional violation. Replacing their leadership with Trump loyalists could have serious implications for how the military reacts in a number of situations, including assisting with mass deportations and policing protests, which they are currently prohibited from doing by the Posse Comitatus Act.
Josh Marshall, February 21, 2025 [Talking Points Memo]
President Trump has abruptly fired the Chairman of the Joint Chiefs, Charles Q. Brown Jr., and is replacing him with a retired three star general, Dan Caine. This portends a future grave crisis as the President attempts to restructure the military into one personally loyal to him. Caine has not been a service chief or held a combatant command or been the head of the air forces of a combatant command. So basically he’s held none of the assignments which normally precedes elevation to Chairman of the Joint Chiefs….
In its own way equally ominous, Trump tonight fired the Judge Advocates General of the Army, Navy and Air Force. Among many other things it’s the military lawyers who determine what is a legal order and what’s not. If you’re planning to give illegal orders they are an obvious obstacle.
Caroline Elkins, February 16, 2024 [The New York Review]
…On January 20 Trump declared not one emergency but three. The first, applying to the southern border, echoed an emergency he had declared in 2019. This time, much like previously, the president can circumvent congress on multiple issues, including military spending. The second emergency designates “cartels and other organizations” as “foreign terrorist organizations” under the International Emergency Economic Powers Act (IEEPA), typically enacted for sanctions. The third is a “national energy emergency” under which Trump can conceivably bypass a host of legal and environmental regulations that had impeded his promise in his first administration to “drill, baby drill.”
In the United States, as soon the president declares a national emergency—a decision entirely within his purview, typically done through executive order—he lays claim to nearly 150 otherwise dormant statutory powers. In his declaration, he must identify which of those powers he is activating….
Most countries today have constitutional provisions for national emergencies, but neither the United Kingdom nor the United States are among them. Only in the past half-century did both countries pass legislation to narrow and regulate the executive’s power to declare a state of emergency: the US’s National Emergencies Act (1976) and the UK’s Civil Contingencies Act (2004)….
…as I was finishing this essay, Trump took to social media channeling Schmitt’s vision. “He who saves his Country,” he posted, “does not violate any Law.”