By Ashton Carter, Dick Cheney, William Cohen, Mark Esper, Robert Gates, Chuck Hagel, James Mattis, Leon Panetta, William Perry and Donald Rumsfeld
January 3, 2021 at 4:00 PM CST
As former secretaries of defense, we hold a common view of the solemn obligations of the U.S. armed forces and the Defense Department. Each of us swore an oath to support and defend the Constitution against all enemies, foreign and domestic. We did not swear it to an individual or a party.
American elections and the peaceful transfers of power that result are hallmarks of our democracy. With one singular and tragic exception that cost the lives of more Americans than all of our other wars combined, the United States has had an unbroken record of such transitions since 1789, including in times of partisan strife, war, epidemics and economic depression. This year should be no exception.
Our elections have occurred. Recounts and audits have been conducted. Appropriate challenges have been addressed by the courts. Governors have certified the results. And the electoral college has voted. The time for questioning the results has passed; the time for the formal counting of the electoral college votes, as prescribed in the Constitution and statute, has arrived.
As senior Defense Department leaders have noted, “there’s no role for the U.S. military in determining the outcome of a U.S. election.” Efforts to involve the U.S. armed forces in resolving election disputes would take us into dangerous, unlawful and unconstitutional territory. Civilian and military officials who direct or carry out such measures would be accountable, including potentially facing criminal penalties, for the grave consequences of their actions on our republic.
Transitions, which all of us have experienced, are a crucial part of the successful transfer of power. They often occur at times of international uncertainty about U.S. national security policy and posture. They can be a moment when the nation is vulnerable to actions by adversaries seeking to take advantage of the situation.
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