Colorado Politics

BIDLACK | Troops on Main Street? No, thanks

Hal Bidlack

Back a couple of years before my 2006 retirement from the active duty Air Force, I volunteered for a program that trained AF folks to be part-time military cops. These “augmentees” would assist at football games, graduations, and other events where additional Security Forces (SF) folks (as the military cops are called in the AF) are needed. At the time, I was a widower, and my kids were out of the house mostly, and I’d always been interested in law enforcement. And because of that passion, I went rather above and beyond, and did all the training necessary to become a fully certified member of the SF. I taught my poli sci classes during the day and patrolled the AF Academy in my cop car nights and weekends. I ended up with over 2,000 hours of patrol time, made felony arrests, responded to lots and lots of major traffic accidents on I-25 (where it runs through Academy property), as well as testing possible drunk drivers and more. I really enjoyed the experience, and I learned a great deal about law enforcement and the inherent challenges in that line of work.

One of the lessons I was taught was where, exactly, my authority as a military cop ended. We all knew where the borders of the base were, and we did not conduct police activities beyond those boundaries. And while we assisted disabled motorists along I-25, we never stopped civilian traffic for speeding or other violations, as we were most certainly not civilian police officers.

I mention all this because recently Mr. Trump threatened to deploy active-duty military members to areas of civil unrest, for the purpose of, well, the word he used was “dominating” the protesters. This idea fills me with dread, all the more so because I think Trump really believes that not only does he have the authority to order such an action, he also thinks it would be a great idea. Presumably, troops from Fort Carson or the Academy, for example, might be brought in to “dominate” protesters in Denver, Colorado Springs, and anywhere else in Colorado where Trump believes he should, again, “dominate.”

There are many, many problems with this horrible idea. First and foremost is the Posse Comitatus Act, which severely limits the use of federal troops for domestic law enforcement. An order from Trump to dominate Colorado Springs would, therefore, very likely be illegal as well as immoral. And recently we have seen a number of retired flag officers (generals and admirals) express their revulsion at Trump’s yelping about using troops. Trump claimed he could employ an older law called the “Insurrection Act of 1807” to deploy troops to America’s cities. That claim is likely trumped (funny to use that word here) by the Posse Comitatus Act, but that might be up to a court to ultimately decide. 

And at least for a little while, current Secretary of Defense Mark Esper seemed in Trump’s corner, talking about “battlespace” and applying the term to U.S. cities. But late this week, Esper appears to have broken with Trump, and announced he did not think the Insurrection Act could be used, and that he opposed using his DOD military members in that way. In so declaring, Esper, finally, displays an independent streak from the president, in an administration that has long placed personal loyalty to Trump ahead of competence, knowledge or honesty. 

As a result, I predict that Esper will be fired tonight, Friday evening, in the traditional “news dump” period that comes every Friday, when the news of the day has already been reported, and Monday’s news cycle seems a long way off.

If he is not fired tonight, he will be soon. His loyalty to his own soldiers, sailors, marines, and airmen, rather than to the cult of Trump, will not be allowed to stand. 

Americans of all political points of view should be aghast at the idea of federal troops on U.S. street corners. While Trump has transformed the once-honorable Republican Party into a seemingly mindless cult, I remain hopeful that there are traditional GOPers out there who remember their party once stood for limited government. And to those still clinging to Trump’s vision of our nation, I would ask you if you would be equally sanguine if, say, a President Hillary ordered federal troops to your hometown?

When I patrolled the AF Academy, I fully understood that my authority ended at the edge of the base. I could not have dreamed there might be a time when my successors in the SF might be asked to drive farther down I-25 and to head into the center of Colorado Springs for police operations. I sincerely hope this most recent proposed abuse of presidential power passes into history very soon. If not, I hope that many, many military members of principle will refuse to obey unlawful orders to restrict the freedoms of American civilians. 

Everyone knows we are in a difficult spot as a community, a state, and a nation. The military may be of some help with supplies, medivac, and other such services, but we should all feel a distinct chill in the air if the current occupant of the White House decides to deploy American troops against Americans. 

Hal Bidlack is a retired professor of political science and a retired Air Force lieutenant colonel who taught more than 17 years at the U.S. Air Force Academy in Colorado Springs.

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