Following a video recorded by six Democrat lawmakers last week encouraging U.S. military members and intelligence officials to defy “illegal” orders given by President Donald Trump, military experts have weighed in regarding whether U.S. military members can refuse orders if they believe they are unlawful.
In the controversial video, Sen. Elissa Slotkin (D-Mich.), Sen. Mark Kelly (D-Ariz.), Rep. Maggie Goodlander (D-N.H), Rep. Chris Deluzio (D-Pa.), Rep. Jason Crow (D-Colo.), and Rep. Chrissy Houlahan (D-Pa.) addressed U.S. service members, saying, “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,” the Democrat lawmakers added. ‘You must refuse illegal orders. No one has to carry out orders that violate the law or our Constitution.”
According to ABC News, military law experts told the outlet that U.S. military members can legally refuse orders that they believe are illegal; however, service members could potentially violate the military’s obedience laws if the orders are determined to be legal. The outlet noted that U.S. military members are typically expected to assume that the orders they receive are lawful unless the orders violate a “small subset” of orders that would be considered war crimes.
Following the release of last week’s video, Vice President J.D. Vance tweeted, “If the president hasn’t issued illegal orders, [then] members of Congress telling the military to defy the president is by definition illegal.”
READ MORE: Videos: Trump admin slams Democrats for urging troops to defy Trump
John Dehn, a former Army Judge Advocate General officer, told ABC News, “I think what the Vice President is trying to say is that members of Congress should not be prejudging the legality of orders that might be issued, and that doing so has a tendency to interfere with the military chain command.”
“The risk is on the service member if they choose to disobey an order and that order turns out to be lawful,” Dehn added. “They assume the risk that it may be lawful when they disobey, which is another reason why, when soldiers ask about this, we advise them to seek clarification, and legal advice if possible.”
In a Monday statement on X, formerly Twitter, Secretary of War Pete Hegseth slammed the six Democrat lawmakers for their video, which he described as “despicable, reckless, and false.” Hegseth warned that encouraging U.S. military troops to ignore orders given by their commanders “undermines every aspect of ‘good order and discipline'” and could put U.S. troops “in danger.”
Hegseth noted that Kelly, who is a retired Navy Commander, remains subject to the Uniform Code of Military Justice. As a result, Hegseth confirmed that the Department of War is “reviewing his statements and actions.”
