The “Break Glass” Moment

NATO

The United States of America ratified the North Atlantic Treaty, the basis for the defense agreement we call NATO, in July of 1949.  That treaty went through the entire Constitutional process (US Constitution, Article 2, §2).  President Truman negotiated the deal, then sent it to the United States Senate for ratification.  As a treaty, it needed to receive a 2/3 vote of the then 96 total Senators.   It was confirmed by even more than that, 82 to 13.  

The Constitution establishes that once a treaty is ratified, the process has to be fully “reversed” to get out of it.  The President cannot do it on his own (nor can the Senate). This was further strengthened by the Defense Authorization Act of 2024, requiring that either Senate approval or a separate Act of Congress was needed to “quit” NATO.

An act of the President of the United States to violate the North Atlantic Treaty without the consent of Congress, then, simply is illegal.  And attempting to takeover a fellow NATO nation’s territory is absolutely violating the treaty.

A Coward In Congress

If a President of the United States tries to break a law, it’s up to the Congress to check him.  The most obvious check is to impeach and remove the offending President from office.  That requires a majority of the House to impeach, and 2/3 of the Senate (now 100 Senators, 67 to reach 2/3) to convict. 

 America is too familiar with the process. Donald Trump has already been impeached twice.  The second time, after the Insurrection of January 6, 57 Senators agreed to removal.  Several more might have joined them.  But the Senate Minority Leader of the time, Mitch McConnell, convinced them to hide behind the “fig leaf” of, “he’s out of office anyway, so there’s no reason to take the political risk”.  

We remember McConnell’s cowardice well.  Immediately after he torpedoed the conviction, he gave a passionate (for McConnell) speech on the floor of the Senate about how “responsible” Trump was for the Insurrection.  He guaranteed that the Courts could take action, where he failed.  And we are all still paying the price for that failure today.

A Coward in the Court

We reasonably expect that if any American breaks the law, from Joe Smith on Main Street to Donald Trump on Pennsylvania Avenue; he will be dragged into Court.  But another “coward” gave Trump an official, Supreme Court authorized, “Get Out of Jail Free” card.  Chief Justice John Roberts created a new Presidential “privilege” out of  thin air, granting the President full immunity from criminal action for any “official act” he might take.  Whatever boundaries the “law” placed on Donald Trump in his first term, Roberts tore them all down before he was elected to his second term.

When  Vice President JD Vance, a Yale educated lawyer, said that the ICE “bully-boys” had absolute immunity, he was committing malpractice.  While those masked-thugs do have heightened protection for their official acts, they still can be held to account.  But now, according to the majority on the Court, the President cannot.

The Order

So if the President of the United States orders American military forces to invade Greenland, what’s left to stop him?

All of the officers in the US military. The Air Force, Army, Coast Guard, Marines, Navy, and Space Force all take the same oath of office.

I ___, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.

 Their sworn duty is to support and defend the Constitution.  Any order they receive that violates the Constitution is therefore an unlawful order.  These officers are required to disobey unlawful orders.  What is an unlawful order?

An order becomes unlawful when it directly conflicts with higher law or exceeds the issuer’s authority. Common categories include:

• Orders that require a war crime or clear violation of the law of armed conflict (e.g., targeting civilians, torturing detainees, executing prisoners). 
• Orders that require violation of the Constitution or federal statute (e.g., summary punishment without due process, clearly illegal domestic law-enforcement tasks) (court-martial.com).

The Last Wall

If Donald Trump issues the order to invade Greenland, in direct contravention of the North Atlantic Treaty, it is a manifestly Unconstitutional and therefore unlawful order.  If  Congress cannot muster the strength (Democrats in Congress will try), and if the Courts determine to step aside, then it’s up to the military itself.  Of course, one of the Trump Administration’s first moves was to fire the legal leaders of the military branches.  Trump wanted no opposition, no questioning of “legalities” like he encountered with Chairman of the Joint Chiefs of Staff, Mark Milley, in 2020.  

But, if Congress and the Courts fail, it’s up to the military to recognize that the President is beyond his authority as Commander and Chief to invade Greenland, dismantle NATO, and wage wars of imperial expansion.  It is not a choice: they are obligated, to disobey the order. And that’s not just the generals of the Joint Chiefs. That obligation is on the entire officer corps, from those with four stars on their shoulders, to those with a single bar. They swore an oath.

 We ask a lot of the military, every day.  They use their talents to defend our country when those same talents would earn more money in private industry.  They go where they’re told, risk their lives, and  “stand the wall” to protect the United States.  And now, they may have the last, best chance to save the Constitution that they took an oath to support and defend.

This is the “break glass” moment.

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