Did a Key Biden Official Commit Treason?


Jordan Sekulow

September 15, 2021

5 min read

National Security



In a portion of an upcoming book written by Bob Woodward and Robert Costa, it has been reported that the Chairman of the Joint Chiefs of Staff General Mark Milley had several phone calls before the U.S. election in October and continued conversations through January with General Li Zuocheng– his Chinese Counterpart of the People’s Liberation Army. These were conversations where Gen. Milley stated he would warn the Chinese military leadership if there was any attack coming on China.

Over the phone, Gen. Milley told his Chinese Counterpart behind President Trump’s back:

You and I have known each other for now 5 years. If we’re going to attack, I am going to call you ahead of time. It is not going to be a surprise.

What if there would have been military action against China when President Trump was in office and Gen. Milley actually did warn their military of the impending attack in advance? Would China then just strike down our aircraft or attack our military?

If true, this could qualify for treason under the United States Constitution. Article III of the Constitution Section 3, Clause 1 says:

Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the testimony of two Witnesses to the same overt Act, or on Confession in open Court.

ACLJ Senior Military Analyst and retired Colonel Wes Smith explained what other military violations Gen. Milley could be reprimanded for:

He needs to be forced to resign. I worked with the man. . . . He is very much a political animal. A lot of his general colleagues don’t respect him because he is so blatantly political. Of course, you don’t normally get this kind of job unless you are to a great extent political. He has managed to violate the Constitution, statutory law, the Goldwater– Nichols Act, and the National Defense act of 1947 . . . and the Uniform Code of Military Justice and has totally stepped outside the military chain of command. If anyone else did this wearing the uniform, at the very least, they would be forced out and could be court martialed.

Senator Josh Hawley gave his reaction in an interview on Fox News:

I mean, this is dangerous, dangerous territory that we’re in. And we’re going to have to get to the bottom of it. There needs to be a full congressional inquiry. And again, I am sorry to say but it is vital now that General Milley, he needs to resign. If he doesn’t resign, he needs to be fired. This is dangerous territory that we’re in and there’s got to be accountability.

ACLJ Director of Government Affairs Thann Bennett expressed how the rest of Washington, D.C is reacting over this report:

Josh Hawley’s comments are starting to echo. . . . The ranking member of the Senate Arms Services Committee which by the way is where General Milley will testify on September 28th. He has said if this is true, he very likely would need to resign. Here is the biggest thing that I am hearing from these members that are expressing concern, there is all of the chain of command concerns . . . but then there is also just the sheer danger. China is an adversary, of course they couldn’t be given a heads up. But what would you fear if an enemy might be given a heads up that an attack or some other sort of military endeavor was going to happen? The danger is that they would attack us first preemptively. I mean think about that for a moment.

ACLJ Chief Counsel and my dad Jay Sekulow summed it up best:

What is fascinating to me here is that you have the Chief of Staff of the military – the Joint Chiefs – he is the head guy. He has a concern about the sitting President of the United States – about military actions the President might take, allegedly, against China and . . . according to the book . . . he picks up the phone and calls the General of the Chinese Communist Party’s Army – largest standing army in the world – and says I’m gonna give you a heads up if we attack. You talk about violations of customary/military law and customary/constitutional law, this is very serious. So, calling for his resignation would be a break, frankly.

A spokesperson for Gen. Milley’s office confirmed this report:

The Chairman of Joint Chiefs regularly communicates with Chiefs of Defense across the world, including with China and Russia. The conversations remain vital to improving mutual understanding of U.S. national security interests, reducing tensions, providing clarity and avoiding unintended consequences of conflict. . . . His calls with the Chinese and others in October and January were in keeping with these duties and responsibilities conveying reassurance in order to maintain strategic stability. . . . All calls from the Chairman to his counterparts, including those reported, are staffed, coordinated, and communicated with the Department of Defense and the interagency.

At the ACLJ, we are looking closely at the matter to determine if we should be taking legal action. The American people need to know who all was involved in these calls and a part of this interagency. This has put our national security at risk and General Milley needs to be held accountable.

Today’s full Sekulow broadcast is complete with even more analysis of Gen. Milley’s alleged communications with the Chinese military behind President Trump’s back.

Watch the full broadcast below.