Democrats on the Senate Armed Services Committee pressed a top military nominee Thursday on whether he supports the Trump administration’s controversial use of the military in U.S. cities to fight crime and conduct immigration enforcement.
U.S. Marine Corps Gen. Christopher Mahoney, President Donald Trump’s nominee to be Vice Chairman of the Joint Chiefs of Staff, vowed to follow the Constitution.
“General, I am concerned about the state of the joint force you will help lead if confirmed,” said Sen. Jack Reed, D-R.I., ranking member of the panel. “The administration has taken unprecedented steps to politicize the military, in my view.”
In recent months, the Trump administration has deployed National Guard troops to Los Angeles and Washington, D.C. as part of a broader push against crime and illegal migration.
Last week, a federal judge ruled that Trump’s deployment of the National Guard in Los Angeles violated federal restrictions on using the military for domestic law enforcement.
But Trump has vowed to expand the effort, sharing in a social media post on Saturday that Chicago “will find out why it’s called the Department of WAR,” a reference to the executive order he signed that seeks to rebrand the Department of Defense as the Department of War.
The Los Angeles military deployment included roughly 700 active duty Marines, who remained in the city for about a month. Mahoney said discussions about how to accomplish that mission “went on very seriously” when the order was given.
“I will tell you that we trained to the standing rules, the use of force. We trained to de-escalation techniques,” he said. “And I will tell you that the deepest conversation and the deepest concern was making sure that those Marines were ready to execute orders professionally.”
So far, military deployments have been tasked with supporting local law enforcement, not conducting it directly, which would violate the Posse Comitatus Act. That 1878 law bans the use of military personnel for most forms of domestic law enforcement.
If “you were asked to change those rules of engagement so that the U.S. military would be engaging in what I believe to be unlawful actions in the streets of America — would you push back on that or other illegal orders that contravene the Constitution?” asked Sen. Elissa Slotkin, D-Mich., during Thursday’s hearing.
“If I am ever put into a situation where 38 years of an oath is put at risk to do something different?” Mahoney said. “The answer is simple, I will adhere to my oath to the Constitution.”
Later on, Sen. Tammy Duckworth, D-Ill., asked Mahoney if it is “appropriate” for U.S. troops to perform policing duties domestically.
“Policing duties is not a direct mission that I’m aware of,” Mahoney responded. “Certainly not for the Marine Corps.”
Despite Democrats’ concerns with the Trump administration’s military policies, Mahoney appeared to have support from both Republicans and Democrats, and likely faces a smooth path to confirmation once his nomination reaches the full Senate.
“General Mahoney is exceptionally well-qualified to take on these challenges as Vice Chairman of the Joint Chiefs of Staff,” said Sen. Roger Wicker, R-Miss., the panel’s chairman. “His decades of leadership in the Marine Corps have trained him to understand the value of joint warfare in light of the complexity of the threats our nation faces. I also know the president will benefit greatly from his candid advice.”
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