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

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.