In a resurfaced 2016 video, Defense Secretary Pete Hegseth stated there should be “consequences” for carrying out unlawful orders. This clip has gained renewed attention as the Pentagon, now under Hegseth’s leadership, is investigating six Democratic lawmakers who urged service members not to follow illegal directives. The lawmakers’ video prompted accusations of “seditious behavior” from President Trump, while Hegseth himself criticized the Democrats’ message as “despicable, reckless, and false”. The controversy underscores the military’s obligation to obey lawful orders but refuse unlawful ones, as explicitly stated in the Uniform Code of Military Justice (UCMJ).
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The Pentagon’s investigation into Senator Mark Kelly, regarding a video advising troops to reject “illegal orders,” has sparked debate among legal experts. Some suggest the Pentagon is overstepping its authority by applying military law to a retired service member, while others question the jurisdiction given Kelly’s role as a senator. Critics argue that Kelly’s actions, which were made as a civilian, and his First Amendment rights should be protected, with some experts predicting the investigation will likely be dismissed. Furthermore, constitutional law experts suggest that the investigation may violate the separation of powers.
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Following a video released by six Democratic members of Congress urging service members to refuse illegal orders, Donald Trump reacted with threats of sedition charges. This prompted an investigation into one of the lawmakers for “serious allegations of misconduct.” The Uniform Code of Military Justice mandates obedience to lawful orders but also imposes a duty to disobey those deemed unlawful, as supported by legal precedent and historical examples of service members refusing to participate in illegal wars. Expert testimony, citing the Nuremberg Charter, UN Charter, and UCMJ, has been used in court-martial cases to defend those who refused to comply with potentially unlawful orders.
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John Q. Hosedrinker