Trump(ing) Tradition: Old Laws, New Norms, and the Danger to Civil–Military Relations

Armed Forces & Society Pub Date : 2024-03-08 DOI:10.1177/0095327x241234253

Ryan Burke, Jahara Matisek

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Abstract

Before, during, and after his presidency, Donald J. Trump’s behavior and statements provoked segments of the U.S. military and civil society, with some decisions criticized and declared illegal by critics. Some current and former U.S. military personnel openly criticized and displayed contempt toward the president, thereby violating Article 88 of the Uniform Code of Military Justice (UCMJ). Prior to the 2021 conviction of a Marine Corps officer, the last Article 88 conviction occurred in 1966 when an off-duty Army Lieutenant held a sign criticizing President Johnson at an anti-Vietnam War protest. Despite Trump engaging in norm-eroding behaviors that politicized the Armed Forces, these actions were well within his legal rights. However, open criticism against President Trump by many retired flag officers was illegal per UCMJ laws, yet not enforced. The paradox of a UCMJ law becoming dead letter law indicates a major disjuncture between normative civil–military relations and the laws regulating the behavior of active and retired U.S. military officers. We conclude that UCMJ laws must be enforced, rewritten, or abolished because non-enforcement degrades civil–military relations and military professionalism.

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颠覆传统：旧法律、新规范以及军民关系面临的危险

在唐纳德-J-特朗普担任总统之前、期间和之后，他的行为和言论激怒了美国军方和民间社会的部分人士，一些决定遭到批评，并被批评者宣布为非法。一些现役和退役美国军人公开批评和蔑视总统，从而违反了《美国军事司法统一法典》（UCMJ）第 88 条。在 2021 年一名海军陆战队军官被定罪之前，上一次根据第 88 条定罪发生在 1966 年，当时一名休班的陆军中尉在一次反越战抗议活动中举牌批评约翰逊总统。尽管特朗普做出了破坏规范的行为，将武装部队政治化，但这些行为完全符合他的合法权利。然而，根据《海军陆战队法》，许多退役军官对特朗普总统的公开批评是非法的，但却没有得到执行。UCMJ 法律成为一纸空文的悖论表明，规范性军民关系与规范现役和退役美国军官行为的法律之间存在重大脱节。我们的结论是，《海军陆战队法》必须得到执行、重写或废除，因为不执行会降低军民关系和军队职业精神。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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Armed Forces & Society

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