WASHINGTON — A group of Democratic lawmakers launched an effort to inform U.S. service members and those who work in the intelligence community of what they say is their right to refuse to carry out illegal orders, warning that Americans’ trust in the military is currently “at risk” and calling on them to “stand up” for our Constitution.
The new push came in the form of a video posted on social media in which six Democrats, who all previously served in the military or intelligence roles, took turns introducing themselves and their past positions before individually switching off dictating lines from a statement.
“We want to speak directly to members of the military and the intelligence community,” the message begins, with Sen. Mark Kelly of Arizona, who served in the U.S. Navy, and Sen. Elissa Slotkin of Michigan, a former CIA officer, each reading a part.
“This administration is pitting our uniformed military and intelligence community professionals against American citizens,” the lawmakers continue in the video.
The Democrats go on to assert that threats to our Constitution are coming from within the U.S. rather than just abroad before declaring that “no one has to carry out orders that violate the law or our Constitution.”
Along with Kelly and Slotkin, the other Democratic lawmakers who took part include Reps. Jason Crow of Colorado and Maggie Goodlander of New Hampshire as well as Reps. Chris Deluzio and Chrissy Houlahan, both of Pennsylvania.
The Democrats did not directly reference any instances in which they believe illegal orders could be at play, but it comes as a number of lawmakers have questioned the legality of the Trump administration’s strikes on vessels in the Caribbean and the eastern Pacific that it says are smuggling drugs.
The more than two-month-old campaign, which the administration has presented as a key part of its self-declared war on cartels, has resulted in strikes against more than 20 boats and killed more than 80 people aboard them.
Administration officials have insisted they know exactly who is on the boats they are targeting and where they are coming from, but Trump has faced questions, both internationally and from some lawmakers at home, over his power to carry out such actions.
Some are skeptical about his authority to continue the effort without input from Congress while others, such as Republican Sen. Rand Paul of Kentucky, who referred to the strikes as “extrajudicial killings” a few weeks ago, have taken issue with the idea that the public has not been shown evidence proving those targeted are smuggling drugs.
The administration has also faced legal battles over its efforts to deploy National Guard troops to U.S. cities as part of its crackdown on crime and immigration. Trump has already done so in Los Angeles, Washington, D.C.,and Memphis and has made clear his desire to dispatch members of the Army, Navy, Air Force or Marines if he deems necessary. He has also emphasized his willingness to invoke the Insurrection Act, which gives a president the authority to send out active duty military within the U.S. in certain instances that include quelling rebellion, insurrection and civil disorder.
Several Republicans were quick to slam the video from the Democratic lawmakers, with White House deputy chief of staff for policy Stephen Miller responding in a post on X, saying they were “openly calling for insurrection.”
Kelly responded to Miller on X by mentioning the attack on the Capitol on Jan. 6, 2021, and writing, “I know the difference between defending our Constitution and an insurrection, even if you don’t.”
Republican Sen. Lindsey Graham of South Carolina, meanwhile, who noted he was a military lawyer and judge, argued in an appearance on Fox News that he has seen “no evidence that President Trump or anyone in your chain of command has issued an unlawful order.” He called on those in the video to specify exactly what orders they think are unlawful.
“What these senators and House members did was unnerving, and it was unconscionable to suggest that the president of the United States is issuing unlawful orders without giving an example,” Graham said, adding they are “going too far.”
The set of federal laws for the military known as the Uniform Code of Military Justice dictates that a service member can be punished by a court-martial for failing to obey a lawful general order.
As far as unlawful orders, the Military Law Task Force, which is part of the National Lawyers Guild and is not affiliated with the military or government, points to the Rules for Courts-martial to advise that the potential punishment does not apply to a “patently illegal order,” which it says is determined by a military judge.
