June 2, 2020
Hon. Mark T. Esper
Secretary of Defense
The Pentagon
Washington, D.C., 20301
Dear Secretary Esper,
I resign from the Defense Science Board, effective immediately.
When I joined the Board in early 2014, after leaving government service as Under Secretary of Defense for Policy, I again swore an oath of office, one familiar to you, that includes the commitment to “support and defend the Constitution of the United States . . . and to bear true faith and allegiance to the same.”
You recited that same oath on July 23, 2019, when you were sworn in as Secretary of Defense. On Monday, June 1, 2020, I believe that you violated that oath. Law-abiding protesters just outside the White House were dispersed using tear gas and rubber bullets — not for the sake of safety, but to clear a path for a presidential photo op. You then accompanied President Trump in walking from the White House to St. John’s Episcopal Church for that photo.
President Trump’s actions Monday night violated his oath to “take care that the laws be faithfully executed,” as well as the First Amendment “right of the people peaceably to assemble.” You may not have been able to stop President Trump from directing this appalling use of force, but you could have chosen to oppose it. Instead, you visibly supported it.
Anyone who takes the oath of office must decide where he or she will draw the line: What are the things that they will refuse to do? Secretary Esper, you have served honorably for many years, in active and reserve military duty, as Secretary of the Army, and now as Secretary of Defense. You must have thought long and hard about where that line should be drawn. I must now ask: If last night’s blatant violations do not cross the line for you, what will?
Unfortunately, it appears there may be few if any lines that President Trump is not willing to cross, so you will probably be faced with this terrible question again in the coming days. You may be asked to take, or to direct the men and women serving in the U.S. military to take, actions that further undermine the Constitution and harm Americans.
As a concerned citizen, and as a former senior defense official who cares deeply about the military, I urge you to consider closely both your future actions and your future words. For example, some could interpret literally your suggestion to the nation’s governors Monday that they need to “dominate the battlespace.” I cannot believe that you see the United States as a “battlespace,” or that you believe our citizens must be “dominated.” Such language sends an extremely dangerous signal.
You have made life-and-death decisions in combat overseas; soon you may be asked to make life-and-death decisions about using the military on American streets and against Americans. Where will you draw the line, and when will you draw it?
I hope this letter of resignation will encourage you to again contemplate the obligations you undertook in your oath of office, as well as your obligations to the men and women in our military and other Americans whose lives may be at stake. In the event that at least some other senior officials may be inclined to ask these questions after reading this letter, I am making it public.
I wish you the best, in very difficult times. The sanctity of the U.S. Constitution, and the lives of Americans, may depend on your choices.
Sincerely,
James N. Miller
James N. Miller served as under secretary of defense for policy from 2012 to 2014. He provided The Post with a copy of his resignation letter, which he submitted to Defense Secretary Mark T. Esper on Tuesday evening.
