General Milley's Treachery and Betrayal Merit A Court Martial

Under our system of military justice, Milley must be held accountable

Revelations about the conduct of Gen. Mark Milley, Chairman of the Joint Chiefs of Staff, contained in a new book are beyond alarming. If accurate, they constitute court martial offenses. If proven at trial, they merit conviction and imprisonment.

In the book titled “Peril,” Washington Post associate editor Bob Woodward and national political reporter Robert Costa describe in intimate detail conversations that Milley had with senior Pentagon officials, House Speaker Nancy Pelosi, and a top general in the Chinese military toward the end of Trump’s presidency.

According to the book, Milley usurped the authority of the president as the elected civilian leader of the United States, sought to defy any order with which he disagreed, and inserted himself into a chain of command where he did not belong in order to arrogate power over the nation’s military operations and nuclear codes. But that’s not all.

The authors contend that Milley secretly informed China that he would warn them in advance of any attack by U.S. military forces. Pentagon sources have admitted that Milley made the calls to the Chinese, as Fox News reported. But they insist that the general assured China that there would be no surprise attacks. It is a distinction with very little difference.

Given the gravity of these accusations and the corresponding national security threat they posed, Milley should be immediately suspended from all military duty —including his position as Chairman of the Joint Chiefs of Staff— pending a thorough investigation. If there exists credible evidence to support the claims against him, he must face a court martial by military tribunal to answer for his perfidy.

Usurping Authority

Two days after the January 6, 2021 attack on the Capitol, Milley spoke by telephone with House Speaker Pelosi. In a transcript of the call obtained by the authors, Pelosi demanded that the general wrest control of the nuclear codes from Trump by instituting precautions and otherwise prevent him from taking any adverse military action. Milley offered his resolute assurances to the speaker.

Shortly thereafter, Milley convened a covert meeting with senior Pentagon officials, including the chain of command for the nation’s nuclear arsenal. Asserting unfettered power that he did not have, the general instructed them that no one was to act on any orders for military strikes —even from President Trump— unless he, Milley, was personally involved and approved. He insisted that everyone in the room verbally commit to effectively place him in charge.

As Chairman of the Joint Chiefs, Milley serves only as an adviser to the president. That is all. His position is not within the chain of command overseeing the codes that control U.S. nuclear weapons. Indeed, by law he is prohibited by from having any operational command authority over America’s armed forces. As such, his actions as described in the book were both treacherous and lawless.

Under Article 94 of the Uniform Code of Military Justice (UCMJ), a person is guilty of sedition if he acts “with intent to cause the overthrow or destruction of lawful civil authority.” Usurping the power of the president as commander-in-chief and undermining his constitutional authority are grounds for a court martial. Actively subverting or defying the elected, civilian control of the military is nothing more than a hijacking of our government by an advisor who thinks he can do so because he...

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