There must have been a time in American history when six sitting lawmakers urging members of the military to defy the commander-in-chief would have been viewed as outright sedition — and those lawmakers would have quickly faced justice. In the age of Trump, however, those days are long gone.
Touting their prior military and intelligence service, Democratic Sens. Elissa Slotkin (MI), who organized the video, Mark Kelly (AZ), and Reps. Chris Deluzio (PA), Maggie Goodlander (NH), Chrissy Houlahan (PA), and Jason Crow CO), launched a surreal video on Tuesday in which they called on troops to refuse to carry out what they consider to be President Donald Trump’s “illegal” orders.
Here is their statement, which the lawmakers read to viewers in turns:
We want to speak directly to members of the military and the intelligence community who take risks each day to keep Americans safe.We know you are under enormous stress and pressure right now.Americans trust their military. But that trust is at risk.This administration is pitting our uniformed military and intelligence community professionals against American citizens. Like us, you all swore an oath to protect and defend this Constitution. Right now, the threats to our Constitution aren’t just coming from abroad, but from right here at home.Our laws are clear.You can refuse illegal orders. (Repeated twice.)You must refuse illegal orders.No one has to carry out orders that violate the law or our Constitution. We know this is hard. And it’s a difficult time to be a public servant. But whether you’re serving in the CIA, the Army, our Navy, the Air Force, your vigilance is critical. And know that we have your back. Because now, more than ever, the American people need you. We need you to stand up for our laws, our Constitution, and who we are as Americans.Don’t give up. (Repeated twice.)Don’t give up the ship.
Responding to the video on X, close Trump adviser Stephen Miller wrote, “Democrat lawmakers are now openly calling for insurrection.”
Sen. Eric Schmitt (R-MO) summed up the situation in a post that read, “At the end of the day, they’re mad the American people chose Trump and now they’re calling on the Military and Intelligence Community to intervene. Sounds a little ‘subversive to democracy-ish.'”
I think most Americans would agree.
I’ll leave the legal analysis and the consequences for their actions to the lawyers among us. But, as I see it, there is a very thin line between irresponsible rhetoric and sedition, and these members of Congress may have crossed it.
The New York Times reached out to Slotkin for a comment. She said, “I feel I’ve been a one-note song on these issues from the moment I entered the Senate, and they do not respond.”
According to the Times, Slotkin explained that “she and her Democratic colleagues had pressed the Trump administration repeatedly for assurances that they would follow the law and had often been dismissed.”
Here are some of the responses from X users:
Another replied, “PSA: An order is not “illegal” just because you don’t like it. These are the same people who said nothing when Obama ordered a drone strike on a man he knew was a US citizen.”
The following post from a Vietnam veteran cautions politicians about making careless remarks. During the Vietnam War, he said, “Young men listened. Some took it the wrong way. Some hesitated when they shouldn’t have. Some did things they can never unsee because the words from on high were sloppy, political, or just plain reckless. Good kids died. Innocent villagers died. Units broke in ways you can’t fix with another medal or another apology.”
RedState’s Streiff, a retired Army infantry officer, wrote an especially insightful piece last week in response to a PBS article that claimed that military officers were “lawyering up” over Trump’s orders. I highly recommend reading it.
First and foremost, any order you receive from a superior officer, so long as it is military related, is presumed to be lawful. You don’t get to demand to see a legal opinion; you really don’t even get to do the theatrical, “give it to me in writing.” This is from the “Sourcebook,” but it is taken directly from Article 90 of the Uniform Code of Military Justice: Willfully disobeying a superior commissioned officer….If you guess wrong, it can be painful. You could be looking at life in prison in a worst-case scenario.
Streiff explained that the laws pertaining to a soldier’s refusal to follow a military order make it a “high bar to clear.” He concluded:
The bottom line, consulting a lawyer is not, in the case of either blowing up drug cartel boats or invading Venezuela is not going to give you an out. If you object, have the guts to go into your boss’s office, throw your rank on his desk, and tell him you’re out.
UPDATE: November 20, 10 a.m.
Trump responded to the video with fire in a post on Truth Social. He wrote:
It’s called SEDITIOUS BEHAVIOR AT THE HIGHEST LEVEL. Each one of these traitors to our Country should be ARRESTED AND PUT ON TRIAL. Their words cannot be allowed to stand – We won’t have a Country anymore!!! An example MUST BE SET. President DJT
I couldn’t agree with him more.
Elizabeth writes commentary for Legal Insurrection and The Washington Examiner. She is an academy fellow at The Heritage Foundation. Please follow Elizabeth on X or LinkedIn.
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