A group of prominent Democratic lawmakers and former military officers has issued a stark warning to American service members, urging them to refuse any illegal orders that may come from the Trump administration.
A Call to Uphold the Constitution
In a video released on Tuesday, the coalition, which included Senator Elissa Slotkin of Michigan, Senator Mark Kelly of Arizona, and Representatives Chrissy Houlahan of Pennsylvania, Chris Deluzio of Pennsylvania, Maggie Goodlander of New Hampshire, and Jason Crow of Colorado, delivered a powerful message. They accused the administration of pitting the military and intelligence community against American citizens. The group emphasized a critical legal principle, stating, "Our laws are clear: You can refuse illegal orders. You can refuse illegal orders. You must refuse illegal orders." While they did not specify which directives they considered unlawful, they were unequivocal that no one is obligated to carry out orders that violate U.S. law or the Constitution.
Context and Historical Precedent
The video references recent actions taken since Donald Trump returned to office. These include the deployment of National Guard troops to several Democrat-led cities under the guise of fighting crime. Earlier this year, the administration also sent active-duty Marines to Los Angeles in response to largely peaceful protests against Trump's immigration policies. Furthermore, the Pentagon has ordered a series of lethal strikes on boats suspected of drug trafficking in the Caribbean and Pacific.
Senator Slotkin stressed that this is not a theoretical discussion. In a separate post on X, she referenced a 2020 incident where Trump sought to deploy soldiers to Washington, D.C., to quell demonstrations against police brutality. According to former Defense Secretary Mark Esper, Trump allegedly asked at the time whether authorities could shoot unarmed protesters in the leg.
The Legal Framework for Disobedience
The legal basis for refusing orders was clarified by Charli Carpenter, a professor at the University of Massachusetts Amherst, and researcher Geraldine Santoso. Writing for The Conversation, they explained that under Article 92 of the Uniform Code of Military Justice, service members have a duty to obey lawful orders but must disobey those that are unlawful. Unlawful orders are defined as those that clearly violate the U.S. Constitution, international human rights standards, or the Geneva Conventions.
The law firm of David Sheldon, which represents service members, provides examples of unlawful orders on its website. These include commands to intentionally harm civilians or to falsify legal records. The consequences for following an illegal order can be severe, ranging from a court-martial to prosecution by international tribunals.
Political Backlash and Democratic Defense
The Democrats' video has ignited a fierce political backlash. White House Deputy Chief of Staff Stephen Miller accused the lawmakers of "openly calling for insurrection." Defense Secretary Pete Hegseth dismissed the message as "Stage 4 TDS," a reference to "Trump Derangement Syndrome." The Department of Defense has not yet commented on the matter.
In response to these attacks, Democrats have defended the video's intent. They argue it is meant to support troops who might find themselves in a difficult ethical position, reminding them of their right and responsibility to question directives that appear unlawful. Senator Mark Kelly countered Miller's claim on X, writing, "I know the difference between defending our Constitution and an insurrection, even if you don’t."
