Given all that we know, and will continue to learn, about the national security scandals that have put Donald Trump on the glide path to impeachment, the last thing we need right now is a brand new clustermuck. But as a sower of lawless chaos, the man-child never rests.
Senator Joseph McCarthy, the ’50s commie-baiting demagogue who destroyed lives and drove some to suicide, finally went too far when he targeted the military; the infamous Army-McCarthy hearings triggered his downfall. But don’t hold your breath hoping that Trump’s amoral mucking with military discipline will do the same.
Yesterday, Navy Secretary Richard Spencer became the Trump’s latest casualty. Trump fired him for phony reasons. But on his way out the door, Spencer released an extraordinary letter assailing the co-called president, a stinging smackdown for the ages:
“The rule of law is what sets us apart from our adversaries…The Constitution and the Uniform Code of Military Discipline are the shields that set us apart and the beacons that protect us all…Unfortunately, it has become apparent that, in this respect, I no longer share the same understanding with the Commander in Chief who appointed me, in regards to the key principle of good order and discipline.”
With an exasperated sigh, you may well be asking: What did Trump do this time? Basically, he decided to spread his poison to the armed forces, to sabotage military justice – and to fire Spencer because Spencer dared to oppose his meddling.
Earlier this month – defying Pentagon advice – Trump took it upon himself to pardon some convicted and suspected war criminals. He pardoned Navy Seal Chief Petty Officer Eddie Gallagher, a Fox News hero who was convicted by a military court of posing for a trophy photo with a corpse of an Iraqi fighter. He pardoned an Army lieutenant, Clint Lorance, who was convicted in 2013 of second-degree murder in the deaths of two unarmed Afghans. And he pardoned an Army major, Mathew Golsteyn, who was slated for trial after being charged with killing an Afghan civilian. (Last December, U.S. Army Special Operations Command said of Golsteyn that “sufficient evidence exists to warrant the preferral of charges against him.”) Trump was told that his peremptory interference would erode the system of military justice – what Spencer called the “rule of law,” the “good order and discipline” – but the bone spurs warrior was deaf to the warning.
Of course, this isn’t the first time that Trump has degraded the military. You may recall – it seems eons ago – that he pleased his authoritarian allies in Turkey and Russia by ordering our troops to cut and run from Syria, an impulsive act that enabled Russian troops to raise the Russian flag at abandoned U.S. bases. But his latest disaster is downright unique, because never before has a president pardoned service members for war crimes.
Two former combat officers, Joseph Kristol (Marines) and Stephen Petraeus (Army) explained the other day why Trump was wrong to meddle. They wrote, “The U.S. military is given a unique charge: the right to kill on behalf of the state. Exercising that right, though, must be done in a manner consistent with the nation’s ideals. With only rare exceptions, members of the well-trained and professional U.S. military execute their missions with honor. For the few who don’t, the armed services must be allowed to hold them accountable.”
Spencer, the doomed Navy secretary, made it clear last week that he didn’t like what Trump was doing. The military has judicial and disciplinary procedures of its own, to enforce the rule of law within its ranks. Eddie Gallagher, in particular, had become a flash point. As a Navy SEAL, his rank had been demoted after posing with the corpse as a trophy photo – but last Thursday, Trump announced in a tweet that “The Navy will NOT be taking away” Gallagher’s rank. He told the Navy, “Get back to business!”
Why is Trump so interested in subverting military justice and protecting Gallagher? I’m sure it has absolutely nothing to do with the fact that Gallagher’s legal team includes two former partners of Rudy Giuliani – one whom is Bernard Kerik, a former New York police commissioner who served three years in prison for tax fraud and lying to White House officials. (Clearly, the Trump swamp is too deep to be drained.)
Spencer, the Navy secretary, made it clear that he wanted military justice to play out, sans interference. He reportedly angered Trump last week when word got out that he was threatening to resign. And on Saturday, his nominal boss, Defense secretary Mark Esper reportedly told Spencer: “The president wants you to go.” So he went.
On Twitter, foreign U.S. intelligence officer Robert Morton says: “Our foreign friends knew American troops always stood for values and were ordered by commanders to follow the rule of law in combat. Did Trump take this trust away? Will they still want us on their soil?”
Indeed, why should be surprised by Trump’s latest disgrace? He’s sabotaging military honor just as he has sabotaged our career ambassadors and foreign service leaders who’ve sought to bring democracy to Ukraine, and just as he has sabotaged the rule of law at home, via Bill Barr. This is the amoral new normal that will continue to erode American values unless the voters throw him out. Richard Spencer, in his departure letter, stood tall for the rule of law and said: “I regard this as very serious business.” So should we all.