By John Q. Hosedrinker 
President Trump has called for the arrest and execution of several members of Congress for reminding military personnel to disobey unlawful orders. This follows a campaign by the Trump administration to target alleged drug smugglers, which many legal experts deem unlawful. American military tradition and law permit and even require soldiers to question and disobey orders perceived as unlawful, a principle reinforced by international law and the U.S. Constitution. Therefore, the actions of the President and Defense Secretary Hegseth in ignoring this principle betray a shocking misunderstanding of the legal and moral responsibility of the American military.
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Trump has it wrong… and it’s not exactly breaking news. The recent kerfuffle over the simple fact that soldiers have a duty to disobey unlawful orders is just further proof of the current state of things. The very existence of this controversy highlights a troubling reality about the direction the country is headed. It boils down to a fundamental question of loyalty: are you loyal to the Constitution and the country it represents, or are you loyal to the President, regardless of the legality of their directives?
It’s entirely consistent with our historical understanding of military and civilian law that soldiers are not only permitted, but *obligated*, to refuse unlawful orders. This principle is a cornerstone of a well-functioning democracy, protecting against the abuse of power. A regime that aims for authoritarianism often desires an unthinking military, one that blindly follows any command, irrespective of its legality. This is the crux of the matter: a president seeking to consolidate power and disregard the checks and balances inherent in our system. And, when you reject our established approach to these issues and consolidate power, many will believe you are a fascist or dictator. On the contrary, while serving under the 45th Commander in Chief, many refused unlawful orders. It’s what duty demands.
Next. The only reason to be upset about reminders to soldiers about their oath is because you, the President, are planning to issue unlawful orders. It’s a blatant admission of intent. Trump’s concerns in this area appear self-serving. He seems to be concerned that soldiers will refuse to participate in any military takeover of America. Of course, this would be a bad thing for Trump and the GOP. Also, there’s a recent move to investigate Senator Kelly for simply reminding people about the long-standing rule. The oath of enlistment itself is very clear. It prioritizes allegiance to the Constitution above all else, including obedience to the President or other officers if their orders contravene that Constitution.
Trump Has it Wrong: that sums him up. This is not breaking news. The reality is that anyone familiar with world history, or even basic civics, knows that soldiers must disobey unlawful orders. The core problem is that Trump appears to believe that everything he says *is* lawful. This is a fundamental misunderstanding of the separation of powers and the rule of law. It’s truly difficult to fathom how anyone, especially those holding significant power, could misunderstand the basics of legal precedent.
Every soldier, every police officer, is well-aware that following an unlawful order carries personal risk and responsibility. The “just following orders” defense has never, and will never, work when you are being held accountable. The presumption is **lawfulness** unless the order is so obviously illegal as to be self-evident, such as “shoot the children.” This is why court rulings on the legality of military deployments and orders are so critical. If a court has deemed an order unlawful, the duty to disobey becomes even clearer. Every member of the armed services has sworn to uphold the Constitution and refuse illegal orders.
Reminding soldiers of their sworn duty is not an act of sedition; it’s an act of patriotism. It’s Trump who is purposely blurring the lines between what is lawful and unlawful. He is using this as a weapon. They are being deliberately misleading by design, a tactic often seen from autocrats. The irony is that Trump and his allies are inadvertently highlighting the importance of this very principle. These are the kinds of stupid blunders that expose a severe ignorance. “When the president does it, it’s not illegal,” a phrase that captures the Republican mindset.
Didn’t Trump fire a bunch of top-level JAG lawyers early on? It’s not hard to see why someone would want to remove those who might point out unlawful orders. This is a clear indicator that the former president wishes to rule like a king. What’s the point of being in charge if your soldiers don’t have to do whatever you want?
The reality is that enlisted service members will follow orders from their officers and non-coms. The risk of legal consequence, particularly regarding international law, lies with those officers, should a future administration decide to hold them accountable. Trump, however, only cares about loyalty, not the consequences. Trump doesn’t care about a service member. He’s concerned with personal loyalty, and that’s it. To be fair, he’s incapable of understanding the concept of legality. He believes that anything he orders is the law.
Literally everyone with even a basic understanding of civics knows this. It’s not rocket science. Trump supporters, however, struggle with reason and reading. Even the most basic of military concepts are beyond them. Trump clearly doesn’t know proper protocol. He is not particularly well-versed in laws or history. The fact that he’s now making a mess of things isn’t surprising. The simple fact that a felon is allowed to run the country should be cause for concern.
The argument is that Trump should be able to order anything, and it not be considered illegal. Media outlets are also getting this wrong. It’s vital to remind our troops that they’re loyal to the Constitution, not the president. They need to know that they can be held criminally liable if they follow orders. They don’t have the same legal resources as high-ranking officials. So if Trump orders the military to seize control of the government, it would be illegal.
Trump has it wrong. And it’s no surprise. He thinks he’s always right. The same problem that faces many. One thing that’s certain is that Trump thinks *he is the law*. Anyone who complies with an unlawful order should have the U.S. flag branded on their cheek, to be a constant reminder of their oath.