Elissa Slotkin Questions DOD Lawyer on Stationing Troops at Polling Locations

Unlawful Orders and Military Duty

• 💡 Senator Elissa Slotkin questioned the Department of Defense's top lawyer, Mr. Young, regarding the military's responsibility to reject illegal orders.
• 🧠 The discussion stemmed from concerns among service members about potentially being asked to perform illegal actions.
• ✅ It was acknowledged that theoretically, a President could issue an illegal order, and historically, military officers are required not to carry out unlawful commands.

Defining Unlawful Orders

• ⚖️ While specific examples were discussed, the general principle is that service members must follow orders unless they are patently and facially illegal.
• ⚠️ The My Lai Massacre was cited as an example of an instance where an illegal order was carried out.
• 🇺🇸 The military's obligation is to follow orders presumed lawful, without needing to consult with generals, unless the order is clearly illegal.

Concerns Over Political Use of Military

• 🎯 Slotkin expressed concern that the Commander-in-Chief's rhetoric, such as using cities as "training grounds" or going after the "enemy within," erodes confidence in the military being used in an apolitical way.
• 🧐 The focus is on leaders directing missions, not the uniform military itself, and ensuring the military is exclusively meant for protecting the United States.

Stationing Troops at Polling Locations

• 🗳️ A key hypothetical question involved the legality of stationing uniformed military personnel at polling locations for a federal election.
• 🚫 Federal laws generally prohibit troops at polling places, but the legal judgment would depend on the status of the personnel and mission parameters, especially in non-federalized status (Title 32).
• 🚨 Slotkin emphasized that in a democracy, the idea of using uniformed military around polling locations, especially given a perceived "trust deficit" and rhetoric about rigged elections, sends a shiver down the spine of Americans and echoes authoritarian playbooks seen internationally.