Details on Trump threat aimed at Democrats over video telling military to refuse "illegal orders"

Key Concepts

• Article 92 of the Uniform Code of Military Justice (UCMJ): This article mandates that service personnel obey lawful orders.
• Manifestly Illegal Order: An order whose illegality is "clear and obvious." Military personnel have a duty to disobey such orders.
• Treason: A serious charge, punishable by death, involving betrayal of one's country.
• Seditious Behavior: Conduct or language inciting rebellion against the authority of a state or monarch.
• Chain of Command: The hierarchical structure through which orders are issued and followed within an organization, particularly the military.
• Presumptive Legality: The principle that an order is considered legal until proven otherwise, especially when issued through the proper chain of command.

Summary

This segment of "The Takeout" addresses a significant controversy stemming from President Trump's calls for charges of treason against six Democratic members of Congress, who had released a video addressing military and intelligence community professionals. The core of the debate revolves around the interpretation of Article 92 of the Uniform Code of Military Justice (UCMJ) and the concept of disobeying orders.

The Controversy: Treason Accusations and Article 92

The discussion begins by highlighting President Trump's amplification of a Truth Social post calling for the death by hanging of six Democratic lawmakers. This action is framed as a serious escalation, with treason being a charge punishable by death. The transcript clarifies the implications of Article 92 of the UCMJ, which requires service personnel to obey lawful orders. Crucially, it emphasizes the qualifier that military personnel have a duty to disobey a "manifestly illegal order," defined as an order whose illegality is "clear and obvious." Examples of such orders include those targeting civilians, falsifying documents, or committing crimes.

The Democratic Lawmakers' Video and Its Interpretation

Six Democratic members of Congress, all with prior military or intelligence community service, released a video to active-duty service members and intelligence professionals. Key excerpts from this video are presented:

• "Americans trust their military. But that trust is at risk."
• "This administration is pitting our uniform military and intelligence community professionals against American citizens."
• "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 transcript contrasts this with President Trump's reaction, who labeled the video "seditious behavior at the highest level" and stated the lawmakers "should be arrested and put on trial." House Speaker Mike Johnson's defense of Trump is also noted, with Johnson claiming the Democrats told troops to "disobey orders."

The Nuance of Lawful vs. Illegal Orders: A California Example

To illustrate the distinction between lawful and illegal orders, the transcript uses an example from California. The Democratic governor there challenged the legality of Trump's National Guard deployments. For a member of the military, following such an order would be considered legal. This is because of the order's "presumptive legality" and the fact that it flowed through the "proper chain of command" from the chief executive. The lawmakers' video, by emphasizing the right to refuse illegal orders, is interpreted by the White House as suggesting that the President has issued illegal orders, which they deny.

White House Response and Accusations

Nancy Cordis reports on an exchange at the White House press briefing where she questioned the President and Vice President's accusations of the other side encouraging political violence. Cordis specifically asked if the President's rhetoric, suggesting lawmakers should be killed, constituted the same. White House Press Secretary Caroline Levit's response is detailed:

• Levit argued that the Democratic lawmakers were encouraging 1.3 million active-duty service members "not to def to defy the chain of command, not to follow lawful orders."
• She asserted that the lawmakers were suggesting the President had given illegal orders, which the White House maintains he has not.
• Levit stated that the Democrats "incentivized the 1.3 million members of the military to disobey the chain of command," which she warned could lead to "chaos, even lead to people getting killed."

Broader Context and Escalating Threats

The segment connects this specific incident to a broader pattern of escalating rhetoric and threats.

• President Trump's Past Rhetoric: The transcript recalls Trump's past warnings about "enemies here at home," whom he identified as Democrats in government, stating, "the enemy from within... is more dangerous than China, Russia, and all these countries."
• Denunciations and Support for Courage: Democratic leaders in the House and Senate, along with Pennsylvania Governor Josh Shapiro, denounced Trump's rhetoric. Senator Alyssa Slotkin, a former CIA officer and one of the lawmakers featured in the video, responded by stating, "If fear is contagious, so is courage. And I think when um a lion share of Americans understand that it is in their own power to push back on this kind of rhetoric and this kind of um uh threat, that's when we actually turn the tide. And I'm not going to shut up because Donald Trump is threatening me."
• Increased Threats to Lawmakers: The transcript highlights that threats to lawmakers have increased "exponentially" in recent years. Marjorie Taylor Greene's claims of increased threats after breaking with Trump, and reports of threats and "swatting episodes" against Indiana state lawmakers, are cited as examples.
• Security Measures: The six Democratic lawmakers have been granted additional security due to anticipated increases in threats. Senator Chris Murphy of Connecticut is quoted expressing concern for the safety of lawmakers and their families, noting that "every lawmaker is now getting on the phone with his or her chief of staff to figure out how we can better protect ourselves this weekend."

Conclusion

The segment concludes by emphasizing the heightened state of alert and the argument that President Trump's rhetoric is "throwing another log on the fire" of existing threats to lawmakers. The core issue remains the interpretation of military orders and the potential consequences of rhetoric that appears to incite defiance or hostility towards political opponents, particularly within the context of the UCMJ and the trust placed in the military.