One thing that confuses me about the current situation in the US government, is why more more people in the various government agencies aren't pushing back against all these executive orders. Especially, those that are clearly illegal, or unconstitutional.
"I expect that you will eventually find somebody who is foolish enough or enough of a coward to file your motion, but it was never going to be me." - SDNY Prosecutor resigning after being asked to drop the Eric Adams corruption case. The people who would push back are resigning as their last resort. Soon anybody who has any sense of fidelity to the rule of law or the constitution will be removed from power.
They lead with firing a ton of the people in semi-independent executive branch offices that are suppose to raise red flags (in an advisory role, and formally putting the brakes on things if that's not enough) if the admin tries to do illegal stuff. Like, that was among their first actions.
They've been clearing out people who might resist before they get a chance to, and have made it clear that your life's gonna be messed up (your career's over, if nothing else, which is a pretty big deal for normal non-billionaires) if you rock the boat.
The only major, public resistance has been over dropping the prosecution of NY's mayor, and the first of the prosecutors to resign received a letter promising retaliation against other members of her office and that she'd have an investigation launched against her, which, even if it goes nowhere, is basically promising to make someone's life hell for the next year or so. They're looking to hurt people who don't play along, so others just shut up and do what they're told.
We haven't seen them going after political opponents (Democrats or Republicans who don't nod along to every single thing—and business leaders, this isn't limited to politicians) but nearly everyone in DC and in big business is a bit dirty and I wouldn't be surprised if we start seeing very selective investigations and prosecutions of things that everyone had kinda agreed to overlook up until now (and that may be far from the most-severe corruption going on), that they don't even pretend aren't aimed at getting everyone else to stay in line and go along with the agenda, legality be damned. They've got the access to do it and there are some indications DOGE and pals are starting to poke around in things like tax records.
Maybe there should be, but there’s no such thing as a semi-independent branch. Whoever told you so is either trying to mislead you or hasn’t read the constitution.
In the US, there are just 3 branches. Unless you work for congress or the courts, you work for the executive branch.
Hasn't risen to the point where the people perpetrating the crimes are credibly threatened with violence. People are still gambling on the nonviolent options.
Prosecution? Of the president who just last year got wide-ranging immunity from the Supreme Court? Or of his right-hand guy who allegedly does nothing without the president's OK?
I'd be interested in hearing from former service members who have also worked in "tech" companies: Which is more authoritarian?
I'm guessing the answer is tech companies, esp. the modern version of such. Modern military officers tend to give a lot of leeway & empowerment to subordinates so that mission-building can be more opportunistic and adjustable. Tech companies tend to eviscerate anyone who dares contradict someone of higher rank.
In my experience, tech suffers from short term thinking and is not concerned about long term consequences.
In the military it is a privilege to be given responsibility over a group of men and women. At least for me, I was very aware of these issues. I was a believer in the “God” camp. There is a noticeable contingent of US military who wear their religious beliefs on their sleeves. It is complicated but at least for me, morality occupied my mind all the time.
I've seen plenty of bureaucratic stupidity and shenanigans in 20 years of active and reserve service. But in my personal experience, corporate America is even more hidebound, top-down, and unimaginative than everyone in it thinks the military is. Disclaimer: I don't work for a "tech" company; I work in tech for a non-"tech" company.
Even in peacetime, the Navy will launch 25 jets off an aircraft carrier off the coast of San Diego. They will be expected to go practice an opposed strike on a target in a range complex east of Reno, including multiple aerial refuelings and navigating the civilian airspace system. They will be expected to hit their target within seconds of the planned time. And they will be expected to come back and land on an aircraft carrier, at night, on the first pass.
And all the details of this kind of operation, from weapons planning to fuel planning to "who talks to whom on what radio net for what purposes" to flat-out "how do we simulate combat without anyone being killed in a midair collision" take place under the aegis of a bunch of twentysomething and thirtysomething junior officers led by a few thirtysomething (or maybe fortysomething) middle managers.
Plan-Brief-Execute-Debrief. Like a Scrum shop, except the iterations are 24 hours long and the penalty for sloppiness could potentially involve flames, wreckage, and death.
For an interesting book-length treatment of this topic, see When Soldiers Say No: Selective Conscientious Objection in the Modern Military, which examines both the philosophical arguments for and against and a selection of case studies from around the world.
The problem is, everyone says 'I won't follow an order if it is illegal', but it never starts out as big-evil™ 'illegal', it's something trivial, and you tell yourself that you'll do it rather than kick up a fuss, because they might just fire you if you push back on using torrented material as training material.
I don't really have great faith that there is a set of left leaning military officers in the U.S. though.
Anyway, interesting article. It always striking to me just how significant the military is in formulating policy. There is a strong tension there that is often not acknowledged. Good to see people wrestling with it.
We've had 2 military coups in Brazil that immediately implemented a constitutional government and called elections. (One was against an autocratic constitutional monarchy... go figure... but it was on the direction of more democracy so it counts.)
In a total of 5 military coups if I'm not forgetting any...
I have a theory, that the military are only interested enough on democracy after they come back from fighting against some dictatorship. Otherwise they are bad news.
What you say makes a lot of sense. The carnation revolution happened when officers in portugal had been to the colonies and started learning from the people they were colonizing.
The author of that has been at the sharp end and has been a senior commander.
There are two kinds of expected disobedience to orders in the US military. One is disobeying an illegal order, such as one to shoot prisoners. The other is doing what needs to be done to accomplish the mission despite conflicting orders. The second is why military orders have a "Commander's Intent" section. If the situation on the ground is not what was expected when the order was give, officers are expected to adapt to the new situation and overcome problems. Here's Army Chief of Staff Mark Milley writing about that back in 2017.[1] That was not about the moral issue, but the operational issues when command is messed up.
Milley faced the moral issue when he was Chairman of the Joint Chiefs of Staff
and Trump lost the election.
Here's the US officer's oath:
"I ___, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God."
German military oath, before Hitler:
"I swear by God this holy oath,
that I want to ever loyally and sincerely serve my people and fatherland
and be prepared as a brave and obedient soldier
to risk my life for this oath at any time."
After Hitler:
"I swear by God this holy oath
that I shall render unconditional obedience
to the Leader of the German Reich and people,
Adolf Hitler, supreme commander of the armed forces,
and that as a brave soldier I shall at all times be prepared
to give my life for this oath."
> "I, _____, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God."
Note that the enlisted soldiers' oath includes "I will obey the orders of the President of the United States" which the officers' oath doesn't.
That is because commissioned officers are especially responsible for upholding the Constitution as opposed to swearing an oath to one person or a group of people.
As it was told to me, the part about swearing the oath to the constitution comes before the President, and it is understood by all service-members that said word order very much matters. In that, if the President gives an unconstitutional order, your honor demands that you follow the constitution.
Also, that '(or affirm)' bit is interesting too. It's there because some religions prohibit swearing, most notably in US history, the Quakers. In fact, a few Quaker presidents have refused to swear during inaugurations and have chosen to affirm instead, I think.
„Ich schwöre, der Bundesrepublik Deutschland treu zu dienen und das Recht und die Freiheit des deutschen Volkes tapfer zu verteidigen, so wahr mir Gott helfe.“
I swear to serve the Federal Republic of Germany faithfully and to bravely defend the rights and freedom of the German people, so help me God.”
I shared a book in another comment[0] which contains an entire chapter[1] on the topic of (dis)obedience in the German Bundeswehr, which has a more permissive approach to individual objection than many comparable armies.
> I assume that the paragraph called «after hitler» is more appropriately called «during hitler» or similar.
What? Why would they change it? ;D
On a more serious note, swearing allegiance to someone who's not alive isn't really much of an issue; it's basically the same thing as the US oath to "the Constitution".
They've been clearing out people who might resist before they get a chance to, and have made it clear that your life's gonna be messed up (your career's over, if nothing else, which is a pretty big deal for normal non-billionaires) if you rock the boat.
The only major, public resistance has been over dropping the prosecution of NY's mayor, and the first of the prosecutors to resign received a letter promising retaliation against other members of her office and that she'd have an investigation launched against her, which, even if it goes nowhere, is basically promising to make someone's life hell for the next year or so. They're looking to hurt people who don't play along, so others just shut up and do what they're told.
We haven't seen them going after political opponents (Democrats or Republicans who don't nod along to every single thing—and business leaders, this isn't limited to politicians) but nearly everyone in DC and in big business is a bit dirty and I wouldn't be surprised if we start seeing very selective investigations and prosecutions of things that everyone had kinda agreed to overlook up until now (and that may be far from the most-severe corruption going on), that they don't even pretend aren't aimed at getting everyone else to stay in line and go along with the agenda, legality be damned. They've got the access to do it and there are some indications DOGE and pals are starting to poke around in things like tax records.
In the US, there are just 3 branches. Unless you work for congress or the courts, you work for the executive branch.
I'm guessing the answer is tech companies, esp. the modern version of such. Modern military officers tend to give a lot of leeway & empowerment to subordinates so that mission-building can be more opportunistic and adjustable. Tech companies tend to eviscerate anyone who dares contradict someone of higher rank.
In the military it is a privilege to be given responsibility over a group of men and women. At least for me, I was very aware of these issues. I was a believer in the “God” camp. There is a noticeable contingent of US military who wear their religious beliefs on their sleeves. It is complicated but at least for me, morality occupied my mind all the time.
Even in peacetime, the Navy will launch 25 jets off an aircraft carrier off the coast of San Diego. They will be expected to go practice an opposed strike on a target in a range complex east of Reno, including multiple aerial refuelings and navigating the civilian airspace system. They will be expected to hit their target within seconds of the planned time. And they will be expected to come back and land on an aircraft carrier, at night, on the first pass.
And all the details of this kind of operation, from weapons planning to fuel planning to "who talks to whom on what radio net for what purposes" to flat-out "how do we simulate combat without anyone being killed in a midair collision" take place under the aegis of a bunch of twentysomething and thirtysomething junior officers led by a few thirtysomething (or maybe fortysomething) middle managers.
Plan-Brief-Execute-Debrief. Like a Scrum shop, except the iterations are 24 hours long and the penalty for sloppiness could potentially involve flames, wreckage, and death.
https://www.routledge.com/When-Soldiers-Say-No-Selective-Con...
Deleted Comment
The Carnation Revolution in Portugal overthrew the fascist government there and ushered in an improved though not perfect political system.
https://portuguesemuseum.org/?page_id=1808&exhibit=31&event=...
https://jacobin.com/2019/04/portugal-carnation-revolution-na...
I don't really have great faith that there is a set of left leaning military officers in the U.S. though.
Anyway, interesting article. It always striking to me just how significant the military is in formulating policy. There is a strong tension there that is often not acknowledged. Good to see people wrestling with it.
In a total of 5 military coups if I'm not forgetting any...
I have a theory, that the military are only interested enough on democracy after they come back from fighting against some dictatorship. Otherwise they are bad news.
There are two kinds of expected disobedience to orders in the US military. One is disobeying an illegal order, such as one to shoot prisoners. The other is doing what needs to be done to accomplish the mission despite conflicting orders. The second is why military orders have a "Commander's Intent" section. If the situation on the ground is not what was expected when the order was give, officers are expected to adapt to the new situation and overcome problems. Here's Army Chief of Staff Mark Milley writing about that back in 2017.[1] That was not about the moral issue, but the operational issues when command is messed up.
Milley faced the moral issue when he was Chairman of the Joint Chiefs of Staff and Trump lost the election.
Here's the US officer's oath:
"I ___, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God."
German military oath, before Hitler:
"I swear by God this holy oath, that I want to ever loyally and sincerely serve my people and fatherland and be prepared as a brave and obedient soldier to risk my life for this oath at any time."
After Hitler:
"I swear by God this holy oath that I shall render unconditional obedience to the Leader of the German Reich and people, Adolf Hitler, supreme commander of the armed forces, and that as a brave soldier I shall at all times be prepared to give my life for this oath."
[1] https://www.army.mil/article/187293/future_warfare_requires_...
> "I, _____, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God."
Note that the enlisted soldiers' oath includes "I will obey the orders of the President of the United States" which the officers' oath doesn't.
Also, that '(or affirm)' bit is interesting too. It's there because some religions prohibit swearing, most notably in US history, the Quakers. In fact, a few Quaker presidents have refused to swear during inaugurations and have chosen to affirm instead, I think.
Do you know what the current path is on Germany? (I don’t, honest question!)
(Edited typo)
I swear to serve the Federal Republic of Germany faithfully and to bravely defend the rights and freedom of the German people, so help me God.”
[0]: https://news.ycombinator.com/item?id=43087041
[1]: https://www.taylorfrancis.com/chapters/edit/10.4324/97813155... (available on Google Scholar at https://scholar.googleusercontent.com/scholar?q=cache:H0ZxVD...)
What? Why would they change it? ;D
On a more serious note, swearing allegiance to someone who's not alive isn't really much of an issue; it's basically the same thing as the US oath to "the Constitution".
And sadly he failed the test.
Perhaps less than you think:
https://archive.is/https://www.theatlantic.com/magazine/arch...