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A collage of tweets and statements. The first statement by Mike Mullen, Seventeenth chairman of the Joint Chiefs of Staff reads on June 2, 2020, “I cannot remain silent. Our fellow citizens are not the enemy.” A tweet from Admiral Mike Franken, no date, reads, “I’m a retired three-star admiral running for United States Senate in Iowa. The military is a tool of last resort to defend our nation. It is not a weapon to use against our citizens or our states.” A tweet from Tony Thomas on June 1, 2020 reads, “The ‘battle space’ of America??? Not what America needs to hear…ever, unless we are invaded by an adversary or experience a constitutional failure…ie a Civil War…” A tweet from retired General Martin E. Dempsey, no date, reads, “America’s military, our sons and daughters, will place themselves at risk to protect their fellow citizens. Their job is unimaginably hard overseas; harder at home. Respect them, for they respect you. America is not a battleground. Our fellow citizens are not the enemy. #BeBetter” A tweet from General Michael Hayden, no date, reads, “I was appalled to see him in his battle dress. Mi [cut off] a general?!?) should not have walked over to th [cut off] with Trump.” A tweet from Mark Hertling reads, “’Dominating the battle space,’ democratic values.” A tweet from Berry R McCaffrey on June 1, 2020 reads, “On MSNBC. Monday. 1 June. 11 pm ET. Brian Williams. Trump and the Insurrection Act. The murder of George Floyd by a police officer was the spark that detonated the anger at injustice. Using military forces other than Nat Guard would be inflammatory.” A tweet by @stavridisj, no date, reads, “American tradition says the use of active duty [cut off] to quell domestic disputes should be absol [cut off] resort and done at the request of not over the [cut off] objection of governors. I agree with that – th [cut off] role for the National Guard not active duty.” The last statement comes from an article by Jeffrey Goldberg and reads, “James Mattis denounces President Trump, describes him as threat to the Constitution. In an extraordinary condemnation, the former defense secretary [cut off] protestors and says the president is trying to turn Americans against [cut off] another.”

The Generals’ Constitution

When retired senior military officers “break ranks” to publicly criticize current political affairs, they often invoke a defense of the Constitution. In light of their oaths…
Trump walks with US Attorney General William Barr (L), US Secretary of Defense Mark T. Esper (C), Chairman of the Joint Chiefs of Staff Mark A. Milley (R), and others from the White House to St. John's Church where tear gas was used to clear the crowd on June 1, 2020 in Washington DC. Only one person in the background has a face mask. No one is social distanced.

The Untold Power of Bill Barr to Direct US Military Forces in Case of “Civil Unrest”

Whether deployed against protests for racial justice or deployed to interfere with free and fair elections in November, the US military operations would be led by Bill Barr, not…
Michael Flynn, Russian Ambassador Sergey Kislyak, and Solicitor General Noel Francisco

Four Remarkable Arguments in DOJ’s Latest Brief in the Michael Flynn Case [UPDATED with links to reply/response briefs]

A couple of weeks ago, I published a very long, comprehensive post in which I tried to explain all the ins and outs of the Michael Flynn case, from 2016 to the present day.  Since…
Trump holds up a chart of military hardware sales as he meets with Crown Prince Mohammed bin Salman of the Kingdom of Saudi Arabia in the Oval Office at the White House on March 20, 2018 in Washington, D.C. The chart is titled, “12.5 billion in finalized sales to Saudi Arabia.” MBS is smiling.

Yes, Congress, There Is Something You Can Do About Reckless Arms Sales

Recently proposed sales are particularly problematic given reports of unlawful retransfers and irresponsible, if not illegal, end use by both Saudi Arabia and the United Arab Emirates.…
A large number of police in riot gear including batons block protestors demonstrating against police brutality and the murder of George Floyd. Many protestors carry colorful umbrellas due to the bad weather. The umbrellas mostly obstruct the view of the front line of protestors but some police can be seen pushing protestors on the side.

What Does the Constitutional Right of Assembly Protect? What Counts as “Peaceable”? And Who Should Decide?

Municipal rules governing access to public space and existing criminal law significantly circumscribe protestors’ expressive freedom, especially their right to be disruptive.

The Early Edition: June 9, 2020

Signup to receive the Early Edition in your inbox here. Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and…
Police advance on demonstrators who are protesting the killing of George Floyd on May 30, 2020 in Minneapolis, Minnesota. They are dressed in riot gear and carry very large batons. A large cloud of tear gas can be seen behind the police.

New Complicity Charges Filed in the Killing of George Floyd

UPDATED As millions of people take to the streets demanding racial justice, accountability for police violence, and the demilitarization of the police, the case against the ex-police…
Side by side images of protests in Hong Kong and in New York City both on June 4th 2020. Protesters in both images wear face masks. In the Hong Kong demonstration, one person holds a sign reading (translated), “Five demands, not one less.” In the BLM protest in NYC, a sign has “NYPD” with a red circle and cancel line through it. It is night in Hong Kong and day in NYC.

Standing, Not-Standing with the Protesters: U.S. Policy on Hong Kong and BLM

... the PRC’s own hypocrisy is no reason to abandon Hong Kong. But if the U.S. government seeks to play a constructive role, it needs to check off certain items. First and foremost,…

The Early Edition: June 8, 2020

Signup to receive the Early Edition in your inbox here. Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and…
A collage of images from articles of the past week.

Recap of Recent Articles on Just Security (June 1-5)

George Floyd-racial injustice protests, social media and disinformation, COVID-19 including WHO withdrawal, intelligence and cybersecurity, International Criminal Court, counterterrorism,…
A Black Lives Matter protest on June 4, 2020 in New York City. Demonstrators hold signs, one is a large picture of George Floyd, who was killed by police on May 25th. Other signs read, “Black Lives Matter,” “Color is not a crime,” “Brionna Taylor Say Her Name,” White Silence Equals Violence,” and “Stop Police Brutality.” Demonstrators wear face masks due to the coronavirus.

The United States’ Racial Justice Problem Is Also an International Human Rights Law Problem

An essay by United Nations Special Rapporteur on Contemporary Forms of Racism, Professor E. Tendayi Achiume.
UNIFIL soldiers stand in a field with a UN flag as they watch an Israeli army complete routine maneuvers (Israeli army not shown).

National Security at the United Nations This Week (May 29-June 5)

(Editor’s Note: This is the latest in Just Security’s weekly series keeping readers up to date on developments at the United Nations at the intersection of national security,…
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