We Can’t Fight the Far Right in Military Court
In the wake of last week’s attack on the Capitol, some are calling for the Armed Forces to prosecute pro-Trump rioters in military court. But relying on military courts won’t shore up American democracy — it will empower a punitive judicial system that is used to quash dissent within the ranks.
The Uniform Code of Military Justice is primarily an instrument of social control — curtailing rank-and-file soldiers’ capacity to refuse orders and limiting their freedom to criticize military commanders at the same time it fails to regulate violent behavior that aligns with the military’s larger strategic and disciplinary objectives.
Scholars and journalists have extensively documented the connections between armed far-right groups and the US Armed Forces. As historian Kathleen Belew has shown, the roots of the modern militia movement lie in the networks of neo-Nazi and white power groups established in the 1970s by Vietnam veterans. And today, far-right groups like the Oath Keepers continue to recruit heavily among soldiers and veterans.
It was predictable, then, that among the pro-Trump rioters at the US Capitol last week were a number of current and former military service members.
Already, a man photographed in the Senate atrium with body armor and a handful of zip ties has been identified as a retired Air Force colonel. An Army captain stationed at Fort Bragg resigned after her role in organizing a group of one hundred Trump supporters to go to the Capitol came to light. And on Sunday, the Army revealed that it is investigating twenty-five active-duty members for their alleged participation in the January 6 attack. Congressman Jason Crow (D-CO) of the House Armed Services Committee immediately requested expedited courts-martial for those determined to be involved.
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