US Secretary of Defense Lloyd Austin

On the same day Donald Trump was declared the winner in the 2024 election, Defense Secretary Lloyd Austin sent a memo to all Defense Department personnel[1] that promised an orderly transition to the new administration and that the military would "continue to stand apart from the political arena."

"The department will make a calm, orderly, and professional transition to the incoming Trump administration," Austin wrote in the memo, which was publicly released by the Pentagon on Thursday. "As it always has, the U.S. military will stand ready to carry out the policy choices of its next commander in chief, and to obey all lawful orders from its civilian chain of command."

The memo comes as the Trump campaign begins planning its transition and staffing for the Pentagon and other federal agencies, and begins to weigh who could fill top positions such as secretary of defense, a position that is confirmed by the Senate. Trump will be sworn in as president in January.

Read Next: Trump Impeachment Whistleblower Vindman Wins House Seat in Veteran vs. Veteran Race[2]

The Defense Department is focused on getting ready for the transition that is set to begin in the coming weeks, said Sabrina Singh, a Pentagon spokeswoman. She said Trump transition officials have not yet been in touch with the Pentagon.

"We are committed to ensuring a peaceful transition and ensuring that the incoming team has the building blocks and everything it needs to be successful," Singh said.

"It's something that we felt the need to reiterate," she said. "There have been transitions that haven't been seamless, that haven't gone as peacefully."

Pentagon officials have said that the note is not meant to address any specific promise or rhetoric[3] by the president-elect and his campaign. Trump has talked about using troops to target fellow Americans and to enact his plans for a mass deportation of undocumented migrants.

During a rally in October, Trump said he would use the military to target Americans, including "the fascists, the Marxists, the communists, the people that we have that are actually running the country."

"Those people are more dangerous -- the enemy from within -- than Russia and China and other people," Trump said, specifically naming former House Speaker Nancy Pelosi and Rep. Adam Schiff of California, who was elected to the Senate on Tuesday night.

In his memo, Austin was specific that the military would obey all "lawful orders" from its civilian chain of command. Military.com has previously reported[4] that service members are compelled by their oaths not to follow unlawful orders, but there are several U.S. laws that would allow a wide range of orders to be deemed unethical or abusive but lawful.

"America's soldiers, sailors, airmen, Marines and Guardians swear an oath to 'support and defend the Constitution of the United States' -- and that is precisely what you will continue to do," Austin wrote.

Singh said that the Defense Department has "taken seriously" Trump's rhetoric, but she wouldn't speak to hypotheticals when reporters asked whether the Pentagon was preparing for the possibility of its troops being used against the domestic population.

Singh said that they "expect" norms -- such as the military's apolitical nature -- to continue.

"The incoming secretary and the incoming administration will make its own policies," she said.

Related: What Happens if the President Issues a Potentially Illegal Order to the Military?[5]

© Copyright 2024 Military.com. All rights reserved. This article may not be republished, rebroadcast, rewritten or otherwise distributed without written permission. To reprint or license this article or any content from Military.com, please submit your request here[6].

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the control tower of Camp VI detention facility

WASHINGTON — A military judge has ruled that plea agreements struck by alleged Sept. 11 mastermind Khalid Sheikh Mohammed and two co-defendants are valid, voiding an order by Defense Secretary Lloyd Austin to throw out the deals[1], a government official said.

The official spoke on condition of anonymity Wednesday because the order by the judge, Air Force Col. Matthew McCall, has not yet been posted publicly or officially announced.

Unless government prosecutors or others attempt to challenge the plea deals again, McCall's ruling means that the three 9/11 defendants before long could enter guilty pleas in the U.S. military courtroom at Guantanamo Bay, Cuba, taking a dramatic step toward wrapping up the long-running and legally troubled government prosecution in one of the deadliest attacks on the United States.

The plea agreements would spare Mohammed and two co-defendants, Walid bin Attash and Mustafa al-Hawsawi, the risk of the death penalty in exchange for the guilty pleas.

Government prosecutors had negotiated the deals with defense attorneys under government auspices, and the top official for the military commission at the Guantanamo Bay naval base had approved the agreements.

The plea deals in the Sept. 11, 2001, al-Qaida attacks that killed nearly 3,000 people spurred immediate political blowback by Republican lawmakers and others after they were made public this summer.

Within days, Defense Secretary Lloyd Austin issued a brief order saying he was nullifying them. Plea bargains in possible death penalty cases tied to one of the gravest crimes ever carried out on U.S. soil were a momentous step that should only be decided by the defense secretary, Austin said at the time.

The agreements, and Austin's attempt to reverse them, have made for one of the most fraught episodes in a U.S. prosecution marked by delays and legal difficulties. That includes years of ongoing pretrial hearings to determine the admissibility of statements by the defendants given their years of torture in CIA custody.

The Pentagon is reviewing the judge's decision and had no immediate further comment, said Maj. Gen. Pat Ryder, Pentagon press secretary.

Lawdragon, a legal news site that long has covered the courtroom proceedings from Guantanamo, and The New York Times first reported the ruling.

Military officials have yet to post the judge's decision on the Guantanamo military commission's online site. But Lawdragon said McCall's 29-page ruling concludes that Austin lacked the legal authority to toss out the plea deals, and acted too late, after Guantanamo's top official already had approved the deals.

Abiding by Austin’s order would give defense secretaries “absolute veto power” over any act they disagree with, which would be contrary to the independence of the presiding official over the Guantanamo trials, the law blog quotes McCall as saying in the ruling.

While families of some of the victims and others are adamant that the 9/11 prosecutions continue until trial and possible death sentences, legal experts say it's not clear that could ever happen. If the 9/11 cases ever clear the hurdles of trial, verdicts and sentencings, the U.S. Court of Appeals for the District of Columbia Circuit would likely hear many of the issues in the course of any death penalty appeals.

The issues include the CIA destruction of videos of interrogations, whether Austin’s plea deal reversal constituted unlawful interference and whether the torture of the men tainted subsequent interrogations by “clean teams” of FBI agents that did not involve violence.

AP writer Lolita C. Baldor contributed to this report.

Related: Defense Secretary Overrides Plea Agreement for Accused 9/11 Mastermind and 2 Other Defendants[2]

© Copyright 2024 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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