Experts Warn: Trump’s Power Play May Undermine Military Leaders’ Resistance to Illegal Orders

A new executive order from President Trump has raised eyebrows among legal experts. It appears to give him considerable authority to shape legal interpretations, particularly relating to the military. Many fear this could discourage military leaders from refusing unlawful commands and impact the military’s legal processes.

Don Christensen, a retired Air Force colonel, expressed his concerns, saying it might silence those who need to make tough legal decisions. He worries that military personnel may hesitate to fulfill their duties out of fear of repercussions, particularly if they oppose the president’s views.

The order, released on a Tuesday, aims to enhance presidential control over federal agencies, extending to legal interpretations for the executive branch. This development coincides with Trump’s push for military involvement in immigration at the southern border, signaling a potential shift in military roles domestically.

During his Senate confirmation hearing, Defense Secretary Pete Hegseth was evasive when asked if he would challenge Trump if illegal orders were issued. Hegseth insisted that there was no premise for Trump giving illegal commands.

However, experts worry about the potential chilling effect on military justice. Christensen raised concerns that this could hinder the prosecution of war crimes and discourage commanders from challenging unlawful orders, possibly making them fearful in their decision-making.

Christensen also pointed out that Trump could have clarified that this order wouldn’t affect military judges or lawyers but chose not to. Without solid guidance from the Pentagon on how to implement this order, the broader implications remain uncertain.

Lawyers within the military are likely evaluating what this means for their operations. Christensen shared that during his time in service, the president’s opinions rarely influenced legal proceedings. Now, he believes military members might be more concerned about how their actions align with the president’s views.

The military operates under its own justice system known as the Uniform Code of Military Justice (UCMJ). While the president does have some say in military legal matters, his past decisions, such as issuing pardons for war crimes, stirred significant controversy among military leaders.

Jonathan Hoffman, the then-Pentagon spokesman, previously stated that the military justice system is robust, even if the president can intervene in certain situations.

Rachel VanLandingham, a former Air Force judge, noted that the executive order outlines what is already in place for legal operations within the executive branch. She pointed out that if legal counsel declared something like waterboarding acceptable, it could create a dangerous precedent where officials might feel compelled to follow directives, even if they contradict established laws.

Another military law expert, Josh Kastenberg, emphasized that this order’s influence extends beyond military law. It could create unlawful pressure on civilian and contractor roles within the military. Kastenberg warned that the order might also allow for increased command influence over matters like promotions and safety inspections, raising concerns about accountability and legality.

He also highlighted potential scenarios where this order could limit communication, restricting military personnel from talking to Congress or the media without approval. This could lead to commanders avoiding legal consultations about orders, fearing backlash for questioning authority.

Kastenberg raised concerns about defense contracting, suggesting this order may enable the administration to direct military contracts toward certain donors, complicating the established awarding process. He expressed worry about the broader legal implications of these shifts in military governance.

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