When Lawmakers Lecture the Military: Why the “Unlawful Orders” Video Invites Confusion 1/2
A group of six Democratic lawmakers with military or national security backgrounds released a video in November 2025 urging U.S. service members and intelligence personnel to refuse unlawful orders. Participants included Senator Elissa Slotkin, Senator Mark Kelly, Representative Jason Crow, Representative Chris Deluzio, Representative Maggie Goodlander, and Representative Chrissy Houlahan. Their message emphasized that the oath is to the Constitution, not to any leader, and warned that threats to constitutional order can arise “from within.”The lawmakers said troops “can and must refuse illegal orders,” a claim that is technically correct under military law. They framed the message as a reminder of constitutional duty rather than a political statement.
What the Law Actually Says
Under the Uniform Code of Military Justice,service members must follow lawful orders. Executing an unlawful order can expose them to prosecution, especially if it involves clear criminal activity.However, refusing a lawful order is itself a punishable offense, and the legality of an order is often not immediately obvious in real operational situations. This is why Judge Advocate General (JAG) officers exist at every command leveland why the system emphasizes clarity through the chain of command rather than personal legal interpretation by junior troops. As observers noted, asking individual service members to make on-the-spot legal judgments without guidance can put them at enormous personal risk.
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Backlash and Escalation
The political fallout arrived immediately. President Donald Trump denounced the video, calling the lawmakers “traitors” and claiming their behavior was “seditious” and “punishable by death.” He amplified posts on his social media platform calling for their arrest. Critics of Trump said his reaction showed a willingness to weaponize charged rhetoric against political opponents, while supporters argued that encouraging troops to question orders invites disorder. Several of the lawmakers responded that they would not be intimidated and insisted the message simply restated long-established legal principles.
Why the Video is Misguided
The video also faced criticism from nonpartisan observers and military advocates. Many argued themessaging was vague. Thelawmakers did not identify any specific order they believed might be unlawful, nor did they offer examplesillustrating what troops should or should not obey.Without context, the phrase “refuse illegal orders” can blur the line between legitimate legal instruction and political signaling. For a system that depends on discipline, clarity and stability,ambiguity is a real problem.
Civil-Military Implications
The civil-military implications are serious. Civilian control of the military rests on a clear hierarchy: Congress passes laws, the executive directs operations, and the military follows lawful commands. When lawmakers address troops directly about which orders to follow, they can unintentionally disrupt that structure. The concern is not that they restated a false legal principle – the obligation to reject manifestly unlawful orders is real – but that they bypassed the chain of command to deliver it.
https://www.military.com/feature/2025/11/20/when-lawmakers-lecture-military-why-unlawful-orders-video-misses-point.html