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Opinion: What will the military do if Trump gives unconstitutional orders?

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Opinion: What will the military do if Trump gives unconstitutional orders?

Every American in the armed forces, and any veteran who has served, hopes and prays for peace and stability under the recently reelected, incoming commander in chief. Political leanings are no factor here. We salute and serve because that’s who we are — even as our oaths may soon be tested as the next frontline in the war for America’s soul.

Everyone in the military takes an oath to “support and defend the Constitution of the United States against all enemies, foreign and domestic.” Enlisted service members also swear to “obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice.” Given Donald Trump’s threats to use the military against his own enemies, some wonder with dread: What will the military do if the president gives unconstitutional orders? While nobody would ever want such a challenge, I am fully confident that Americans in uniform will honor the highest duty we swore, which is to the Constitution.

My introduction to the oath came at West Point, when a Vietnam War veteran and professor put it to me straight: “Just who do you want to be? An employee? Or a professional, self-abnegating servant of the nation?” It was an admonition and expectation that, decades on, may be the most consistent North Star I’ve known. I fought with better men than me who died in Iraq, I spent years and years overseas missing birthdays and everydays with my young daughters, and my final act in uniform was to give away a kidney at Walter Reed National Military Medical Center. I wouldn’t have done those things if I hadn’t meant the words spoken at my commissioning ceremony, pledging my “true faith and allegiance,” which means more to me than my next breath even now that I’ve retired from active service.

I’m not alone. Millions of others put that same oath at the center of their lives. I liken it to a baptism; instead of joining a faith community, we pledge our lives to the ideals of the United States.

These aren’t just words. They’re practical; they’re our common ground regardless of where we’re from or what political differences we might have. They build trust for cohesion to function amid terrifying and violent circumstances. And these oaths that power American national security will likely be tested in coming years.

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During his first administration, Trump threatened use of the Insurrection Act (of 1807). At one point he suggested the military should shoot protesters in the legs, which clearly would have been illegal. More recently, he’s said he would invoke the Alien Enemies Act (of 1798) and may use the military to detain and deport noncitizens. If either order came to pass — for the 1st Armored Division to roll into Cincinnati or the 82nd Airborne to drop on D.C. — it would immediately pose a can’t-fail test for the American military.

What will the troops do? Must members of the U.S. military blindly obey their commander in chief? Or should these individuals always defy orders they consider unconstitutional?

Unfortunately, the answers aren’t straightforward.

The U.S. military oaths counsel thoughtful loyalty, not unthinking fealty — and the law treats each troop as responsible for making the right choice. There’s no respondeat superior (“let the master answer”), no “just following orders” defense, a principle discredited since World War II when the international community held middlemen and foot soldiers responsible for their war crimes that were ordered by Nazi commanders. Thus the military’s first duty is to obey legal orders (and disobey illegal orders). Our generals and JAGs (military lawyers) must lead the institution through the ethical minefields ahead. They, and everyone in camo, must stand their moral ground with courage indistinguishable from the battlefield. Because their oaths expect they “should be prepared not only to die for [their] country, but to be fired for it,” in the words of John Silber.

There’s another bedrock obligation for military members, a principle that has made the uniformed services among the last remaining trusted institutions in the nation. To preserve American democracy as it exists, the armed forces must always remain politically neutral and not side with any politician or party. This is where things get even messier.

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If a president ordered the military to shoot protesters, or to become substantially involved with wholesale domestic detentions, what the military must do — obey or defy — depends heavily on the situation’s specifics and any actual violent threat. To issue an advisory opinion without that context would be malpractice. The world is as gray and complex as our oaths are pure and simple.

Because there could be constitutional circumstances for military engagement on U.S. soil. We just can’t know yet whether controversial orders will come, and if so what the situation will be.

What we can know is that the U.S. military is a house with good bones. It’s an institution that’s prepared for dire circumstances like these for quite some time. A century ago, a chaplain at West Point penned the “Cadet Prayer,” which advises: “Make us to choose the harder right instead of the easier wrong.”

Let’s hope that our next president does not attempt to abuse his authority as commander in chief. But if he does, Americans in uniform will choose the harder right — so help us God.

ML Cavanaugh recently retired after 25 years in the U.S. Army. He co-founded the Modern War Institute at West Point. @MLCavanaugh

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Video: Protests Against ICE in Minneapolis Continue Into Friday Night

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Video: Protests Against ICE in Minneapolis Continue Into Friday Night

new video loaded: Protests Against ICE in Minneapolis Continue Into Friday Night

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Protests Against ICE in Minneapolis Continue Into Friday Night

Hundreds of protesters marched through downtown Minneapolis on Friday night. They stopped at several hotels along the way to blast music, bang drums and play instruments to try to disrupt the sleep of immigration agents who might be staying there. Mayor Jacob Frey of Minneapolis said there were 29 arrests but that it was mostly a “peaceful protest.”

The vast majority of people have done this right. We are so deeply appreciative of them. But we have seen a few incidents last night. Those incidents are being reviewed, but we wanted to again give the overarching theme of what we’re seeing, which is peaceful protest. And we wanted to say when that doesn’t happen, of course, there are consequences. We are a safe city. We will not counter Donald Trump’s chaos with our own brand of chaos here. We in Minneapolis are going to do this right.

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Hundreds of protesters marched through downtown Minneapolis on Friday night. They stopped at several hotels along the way to blast music, bang drums and play instruments to try to disrupt the sleep of immigration agents who might be staying there. Mayor Jacob Frey of Minneapolis said there were 29 arrests but that it was mostly a “peaceful protest.”

By McKinnon de Kuyper

January 10, 2026

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Trump says Venezuela has begun releasing political prisoners ‘in a BIG WAY’

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Trump says Venezuela has begun releasing political prisoners ‘in a BIG WAY’

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President Donald Trump said Saturday that Venezuela has begun releasing political prisoners “in a BIG WAY,” crediting U.S. intervention for the move following last week’s American military operation in the country.

“Venezuela has started the process, in a BIG WAY, of releasing their political prisoners,” Trump wrote on Truth Social. “Thank you! I hope those prisoners will remember how lucky they got that the USA came along and did what had to be done.”

He added a warning directed at those being released: “I HOPE THEY NEVER FORGET! If they do, it will not be good for them.”

The president’s comments come one week after the United States launched Operation Absolute Resolve, a strike on Venezuela and capture of dictator Nicolás Maduro as well as his wife Cilia Flores, transporting them to the United States to face federal drug trafficking charges.

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US WARNS AMERICANS TO LEAVE VENEZUELA IMMEDIATELY AS ARMED MILITIAS SET UP ROADBLOCKS

Government supporters in Venezuela rally in Caracas.  (AP Photo)

Following the military operation, Trump said the U.S. intends to temporarily oversee Venezuela’s transition of power, asserting American involvement “until such time as a safe, proper and judicious transition” can take place and warning that U.S. forces stand ready to escalate if necessary.

At least 18 political prisoners were reported freed as of Saturday and there is no comprehensive public list of all expected releases, Reuters reported.

Maduro and Flores were transported to New York after their capture to face charges in U.S. federal court. The Pentagon has said that Operation Absolute Resolve involved more than 150 aircraft and months of planning.

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TRUMP ADMIN SAYS MADURO CAPTURE REINFORCES ALIEN ENEMIES ACT REMOVALS

A demonstrator holding a Venezuelan flag sprays graffiti during a march in Mexico City on Santurday. (Alfredo Estrella / AFP via Getty Images)

Trump has said the U.S. intends to remain actively involved in Venezuela’s security, political transition and reconstruction of its oil infrastructure.

The White House did not immediately respond to Fox News Digital’s request for comment.

President Donald Trump said Saturday that Venezuela has begun releasing political prisoners. (Mark Schiefelbein/AP Photo)

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Fox News Digital’s Morgan Phillips and Greg Norman-Diamond contributed to this reporting.

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Secretary of Defense Pete Hegseth tours Long Beach rocket factory

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Secretary of Defense Pete Hegseth tours Long Beach rocket factory

Secretary of Defense Pete Hegseth, who is taking a tour of U.S. defense contractors, on Friday visited a Long Beach rocket maker, where he told workers they are key to President Trump’s vision of military supremacy.

Hegseth stopped by a manufacturing plant operated by Rocket Lab, an emerging company that builds satellites and provides small-satellite launch services for commercial and government customers.

Last month, the company was awarded an $805-million military contract, its largest to date, to build satellites for a network being developed for communications and detection of new threats, such as hypersonic missles.

“This company, you right here, are front and center, as part of ensuring that we build an arsenal of freedom that America needs,” Hegseth told several hundred cheering workers. “The future of the battlefield starts right here with dominance of space.”

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Founded in 2006 in New Zealand, the company makes a small rocket called Electron — which lay on its side near Hegseth — and is developing a larger one called Neutron. It moved to the U.S. a decade ago and opened its Long Beach headquaters in 2020.

Rocket Lab is among a new wave of companies that have revitalized Southern California’s aerospace and defense industry, which shed hundreds of thousands of jobs in the 1990s after the end of the Cold War. Large defense contractors such as Northrop Grumman and Lockheed Martin moved their headquarters to the East Coast.

Many of the new companies were founded by former employees of SpaceX, which was started by Elon Musk in 2002 and was based in the South Bay before moving to Texas in 2024. However, it retains major operations in Hawthorne.

Hegseth kicked off his tour Monday with a visit to a Newport News, Va., shipyard. The tour is described as “a call to action to revitalize America’s manufacturing might and re-energize the nation’s workforce.”

Long Beach Mayor Rex Richardson, a Democrat who said he was not told of the event, said Hegseth’s visit shows how the city has flourished despite such setbacks as the closure of Boeing’s C-17 Globemaster III transport plant.

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“Rocket Lab has really been a superstar in terms of our fast, growing and emerging space economy in Long Beach,” Richardson said. “This emergence of space is really the next stage of almost a century of innovation that’s really taking place here.”

Prior stops in the region included visits to Divergent, an advanced manufacturing company in aerospace and other industries, and Castelion, a hypersonic missile startup founded by former SpaceX employees. Both are based in Torrance.

The tour follows an overhaul of the Department of Defense’s procurement policy Hegseth announced in November. The policy seeks to speed up weapons development and acquisition by first finding capabilities in the commercial market before the government attempts to develop new systems.

Trump also issued an executive order Wednesday that aims to limit shareholder profits of defense contractors that do not meet production and budget goals by restricting stock buybacks and dividends.

Hegseth told the workers that the administration is trying to prod old-line defense contractors to be more innovative and spend more on development — touting Rocket Lab as the kind of company that will succeed, adding it had one of the “coolest factory floors” he had ever seen.

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“I just want the best, and I want to ensure that the competition that exists is fair,” he said.

Hegseth’s visit comes as Trump has flexed the nation’s military muscles with the Jan. 3 abduction of Venezuelan President Nicolás Maduro, who is now facing drug trafficking charges to which he has pleaded not guilty.

Hegseth in his speech cited Maduro’s capture as an example of the country’s newfound “deterrence in action.” Though Trump’s allies supported the action, legal experts and other critics have argued that the operation violated international and U.S. law.

Trump this week said he wants to radically boost U.S. military spending to $1.5 trillion in 2027 from $900 billion this year so he can build the “Dream Military.”

Hegseth told the workers it would be a “historic investment” that would ensure the U.S. is never challenged militarily.

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Trump also posted on social media this week that executive salaries of defense companies should be capped at $5 million unless they speed up development and production of advanced weapons — in a dig at existing prime contractors.

However, the text of his Wednesday order caps salaries at current levels and ties future executive incentive compensation to delivery and production metrics.

Anduril Industries in Costa Mesa is one of the leading new defense companies in Southern California. The privately held maker of autonomous weapons systems closed a $2.5-billion funding round last year.

Founder Palmer Luckey told Bloomberg News he supported Trump’s moves to limit executive compensation in the defense sector, saying, “I pay myself $100,000 a year.” However, Luckey has a stake in Anduril, last valued by investors at $30.5 billion.

Peter Beck, the founder and chief executive of Rocket Lab, took a base salary of $575,000 in 2024 but with bonus and stock awards his total compensation reached $20.1 million, according to a securities filing. He also has a stake in the company, which has a market capitalization of about $45 billion.

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Beck introduced Hegseth saying he was seeking to “reinvigorate the national industrial base and create a leaner, more effective Department of War, one that goes faster and leans on commercial companies just like ours.”

Rocket Lab boasts that its Electron rocket, which first launched in 2017, is the world’s leading small rocket and the second most frequently launched U.S. rocket behind SpaceX.

It has carried payloads for NASA, the U.S. Space Force and the National Reconnaissance Office, aside from commercial customers.

The company employs 2,500 people across facilities in New Zealand, Canada and the U.S., including in Virginia, Colorado and Mississippi.

Rocket Lab shares closed at $84.84 on Friday, up 2%.

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