Recent Articles
International Standards Regarding the Handling of Demonstrations
Just as much as nauseating scenes of excessive use of force by the police captured by media and citizens’ smartphones fly in the face of the protections that should be afforded…
The Early Edition: June 10, 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 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.”](https://i0.wp.com/www.justsecurity.org/wp-content/uploads/2020/06/Mattis-collage.jpg?fit=1024%2C483&ssl=1)
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…
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…
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…
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.…
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…
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…
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…
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,…