None Dare Call It Mutiny

No word in military lexicon evokes fear and dread like mutiny. Most often defined as the illegal transfer of a ship’s command from its lawful captain or master, mutiny can lead to the same punishment today as it did centuries ago when Fletcher Christian wrested command of HMAV Bounty from Capt. William Bligh: death. This penalty is detailed in Article 90 of the Uniform Code of Military Justice, the document that governs how military personnel are required to behave. It reads, in part, that anyone disobeying lawful orders shall be punished as follows: “If the offense is committed in time of war, by death or such other punishment as a court-martial may direct.” Article 92 of the Uniform Code of Military Justice further reminds service members they may face court martial for failure to obey lawful orders, calling such disobedience a dereliction of duty. These severe penalties are what make the video by a half-dozen congressional Democrats suggesting service members disobey so stunning. Contrary to some media reports, they did not expressly call for mutiny among those in uniform, but they came about as close to it as the law allows. “You must refuse illegal orders,” said Rep. Chris Deluzio, D-Pa., in the 90-second video inciting servicemen and women to disobey. A graduate of the U.S. Naval Academy, Deluzio joined fellow former naval officer Sen. Mark Kelly, D-Ariz., and former CIA analyst Elissa Slotkin, D-Mich., in invoking illegal orders, though the elected officials merely said that “you can refuse illegal orders,” rather than requiring disobedience. This may be technically correct, but it’s abjectly corrupt. The severity of punishment for disobeying orders might explain why nobody refused Barack Obama’s order to kill Anwar al-Awlaki. America was at war when Obama ordered the 2011 death of al-Awlaki, who was born in New Mexico, so anyone in the chain of command refusing to carry out the drone strike that killed him could be subject to the death penalty. Al-Awlaki was thought to be aligned with al-Qaeda, but there was no trial for this U.S. citizen, no judge, no jury, no verdict, just a Hellfire missile strike in the desert of Yemen. Such vagaries make this ‘Don’t Give Up the Ship’ video very dangerous, not only for the nation but for ordinary military personnel. It repeatedly suggests that people in uniform, who are trained in everything from small boat handling and computer repair, to engineering and command, interpret law. Whether it’s the captain of an aircraft carrier or the teenage bosun’s mate, none of them are steeped in interpreting the law. That’s what judges are for. Deluzio, Slotkin, Kelly and the other Democrats featured in the video won’t spark a military uprising against the government like the world saw in Russia’s 1917 February Revolution. But the infusion of woke ideology into the military in recent years means there are some people in the chain of command who may take this video to heart and just start saying ”no” when given an order. That includes admirals and generals possibly acting in defiance of the commander in chief. Most military officers have at least a cursory understanding of law and its relationship with military action; that’s part of the command structure. The video isn’t telling them anything they don’t already know, but it is replete with finely-crafted misinterpretations of the truth. Among other things, it claims, “This administration is pitting our uniformed military, and intelligence community professionals, against American citizens.” It’s an incendiary statement but means nothing more than some liberals disagree with what those in uniform have been ordered to do, like the war in Vietnam; some people are ideologically pitted against others. The video’s six Democrats don’t specify any particular military action or orders that demand disobedience, but it’s a good bet they’re referring to the National Guard deployments to crime-ridden cities and the escalating American attacks on suspected drug boats in international waters. They may also be trying to lay a groundwork for derailing any military intervention in Venezuela. We don’t know because they won’t say, which is typical of leftist rhetoric. The risks promoted by these politicians are staggering. Attorney David Sheldon, whose law firm specializes in military justice, advises service members, “All military orders are presumed lawful. The burden falls on the service member to establish that an order is manifestly unlawful.” This counsel is much wiser than what these lawmakers are advocating. They are engaged in the worst kind of manipulation, hoping for one man or woman to face court martial for dereliction of duty in pursuit of the Left’s newest cause celebre, and that person, depending on circumstances, faces a penalty up to and including death. This attempt to foment mutiny among the ranks may not be illegal, but it is despicable. We publish a variety of perspectives. Nothing written here is to be construed as representing the views of The Daily Signal.