One more aspect of the Venezuela attack has been nagging at me—one that few people in the mainstream media have addressed.
As I watched an almost giddy US Airforce General Dan Caine describe the military mission in Venezuela at the press conference, I started feeling extremely uneasy. That feeling kept coming back over the next 24 hours as I listened to commentary after commentary talk about how flawless and perfectly executed the mission was. It's only now that I'm hearing there were some American casualties (not fatal), which virtually no one has reported for some reason.
My feeling of unease stemmed from what I immediately perceived as an unjustified use of the military. Trump did not consult Congress, despite the constitutional requirement to do so. And the action appears to be a clear violation of international law. If trump’s action in Venezuela was illegal—under both international law and U.S. law—didn’t the military just follow illegal orders?
Isn’t this precisely what Democrats in Congress were warning about in early December, when they issued social media statements in response to trump’s deployment of the National Guard in American cities and the bombing of fishing boats in the Caribbean?
So what’s the connection?
There are several pieces that must fall into place for an authoritarian takeover. One is the capitulation of the legislative branch. Another is control—or effective neutralization—of the media. The third, and perhaps most important, is the acquiescence of the military.
I don’t know whether conditioning the military to follow unlawful orders was a motivating factor behind trump’s action in Venezuela, which reportedly involved drones, 150 aircraft, and Delta Force in an operation ostensibly to “arrest” a fugitive—an explanation that is patently false. But it's an undeniable effect.
The principle of disobeying unlawful orders is dicey under the best of circumstances. It is taught to every service member in the U.S. military under Article 92 of the Uniform Code of Military Justice and the U.S. Manual for Courts-Martial.
The reason is straightforward: in a constitutional democracy, the ultimate authority is not the Commander-in-Chief, but the Constitution itself—the document to which all service members swear an oath of loyalty.
In theory, this makes sense. In practice, it is deeply problematic. Service members are not trained in the nuances of constitutional or international law. Soldiers are not lawyers (unless they serve in the JAG Corps). They are trained to follow orders through the chain of command.
So how does one determine whether an order is unlawful? Is that determination left to individual judgment or moral conscience? If not, on what authority does such a determination rest? Wouldn’t a personal refusal expose a service member to charges of insubordination and possible prosecution?
These questions are becoming increasingly urgent given the undeniable frequency and escalatory pattern of trump’s military actions.
Since taking office in January 2025, trump has overseen at least 626 airstrikes, according to data compiled by the Armed Conflict Location and Event Data Project. By comparison, Joe Biden launched a total of 555 airstrikes during his entire four-year term. Trump has taken military action in the Middle East (Iran, Yemen), Africa, the Caribbean, and Latin America.
Classic examples of unlawful military orders involve internationally recognized war crimes under the Geneva Conventions, such as deliberately attacking unarmed civilians. According to the U.S. Department of Defense Law of War Manual, “attacking a shipwreck” is frequently cited as a primary example of a “clearly illegal” order. Sound familiar?
I don’t know whether conditioning the military to comply with unlawful orders was the reason behind trump’s actions in Venezuela. What I do know is this: Each such action makes future ones easier. Each unchallenged operation lowers the threshold for the next. And each instance of unquestioning compliance makes it less likely that the military will resist when the stakes are even higher next time.