Retired Military Officials Issue Grave Warning About Trump’s Claim To Absolute Immunity

A group of 19 retired four-star generals and admirals and former secretaries of the Army, Navy and Air Force filed a brief with the Supreme Court on Monday, saying former President Donald Trump’s claim of “absolute immunity” from criminal prosecution is “an assault” on the military’s “foundational commitments” to the rule of law and civilian control.

In a bid for the dismissal of federal charges against him for trying to overturn the 2020 election, Trump has claimed that presidents have “absolute immunity” from criminal prosecution for all acts taken while in office, unless they have been impeached and convicted for those acts. A federal appeals court rejected his argument on Feb. 6, but he appealed that decision to the Supreme Court, which will hear arguments on April 25.

The former military officials say in their brief that Trump’s assertion of absolute immunity would put members of the military in an “untenable position,” where they would need to choose between their duty to follow orders within the chain of command and their duty to disobey unlawful orders.

“Immunizing the Commander-in-Chief from criminal prosecution, as Petitioner argues for here, would fly in the face of that duty, creating the likelihood that service members will be placed in the impossible position of having to choose between following their Commander-in-Chief and obeying the laws enacted by Congress,” their brief states.

The former military officials who joined the brief to the court include Adm. Steve Abbott, Adm. Thad Allen, former Army Secretary Louis Caldera, Gen. George Casey, Gen. Peter Chiarelli, Gen. Carlton Fulford, Jr., Gen. Michael Hayden, former Air Force Secretary Deborah Lee James, Gen. John Jumper, Gen. Charles Krulak, Adm. Samuel