The Civil-Military Crisis Is Here

Tom Nichols

The Atlantic (Gift)

10/07/2025

Trump, of course, doesn’t care all that much about Venezuelan speedboats or costumed pranksters in Portland. He cares about power, which is why he is determined to flex military muscle on the streets of American cities. As opposition grows and his popularity falls, Trump may be tempted to issue orders to the military that will be aimed at suppressing dissent, or disrupting elections, or detaining political figures; he has already floated the idea of invoking the Insurrection Act, which could enable such actions. He may even become desperate enough to launch a foreign war—as he seems to be trying to do right now with Venezuela. If more of these orders come, how should the leaders of America’s armed forces respond?

Back in 2017, Air Force General John Hyten, then the head of the U.S. Strategic Command (which controls the American nuclear arsenal), was asked what he would do if a president gave him an illegal order. His answer now sounds quaint:

He’ll tell me what to do, and if it’s illegal, guess what’s going to happen? I’m gonna say, “Mr. President, that’s illegal.” And guess what he’s going to do? He’s gonna say, “What would be legal?” And we’ll come up with options of a mix of capabilities to respond to whatever the situation is, and that’s the way it works. It’s not that complicated.

Unfortunately, it is that complicated, especially now that the president has been blessed by the Supreme Court with monarchical immunity. Nothing would prevent Trump from saying: Forget the lawyers. Do it. I’ll cover you. (After all, he’s already said that to his faithful rally goers, and he put that promise into action when he pardoned the January 6 insurrectionists.) Even if one officer declines an illegal order, Trump can just keep firing people until he gets to another officer who is enough of a coward, or opportunist, or true MAGA believer, to carry out the order. The officer who finally says yes after the others say no would bring shame upon the U.S. armed forces, endanger U.S. citizens, and undermine the Constitution, but eventually, Trump will find that person.

This is why America’s senior military officers, including the Chairman of the Joint Chiefs of Staff, General Dan Caine, must approach Trump now and make clear to him that they will not obey illegal orders to act against American citizens or disrupt the American political process. (They should not bother talking to Hegseth, who has no real political agency and would most likely do whatever he is told to do by the White House.) Congress, so far, has been useless in restraining Trump: The Democrats are too timid, and the Republicans are too compromised. Only by standing together can the senior military officials warn Trump away from leading America into a full-blown civil-military confrontation.