Trump says Democrats should be arrested for urging military to refuse unlawful orders

Key Concepts

• Unlawful Orders: Orders that violate the U.S. Constitution, federal laws, or the Uniform Code of Military Justice (UCMJ).
• Chain of Command: The hierarchical structure of authority within the military.
• Seditious Behavior: Conduct or speech inciting rebellion against the authority of the state.
• Uniform Code of Military Justice (UCMJ): The primary body of law for the U.S. military, which mandates refusal of unlawful orders.
• Oath of Service: The solemn promise made by military members to support and defend the Constitution.
• The Orders Project: A nonprofit organization providing legal advice to military service members regarding orders.

Congressional Democrats Urge Refusal of Unlawful Orders

A group of six Democratic members of Congress, all with military and intelligence backgrounds, issued a video urging current service members to refuse unlawful orders, emphasizing that "You must refuse illegal orders" and "No one has to carry out orders that violate the law... or our Constitution." The video did not specify which orders they consider unlawful. The participating members included Rep. Chris Deluzio (D-PA), Rep. Jason Crow (D-CO), Sen. Mark Kelly (D-AZ), Sen. Elissa Slotkin (D-MI), and Rep. Chrissy Houlahan (D-PA).

President Trump's Response and White House Counter-Argument

President Trump responded on social media, calling the Democrats' actions "seditious behavior from traitors" that is "punishable by death," and stating they should be "arrested and put on trial."

White House Press Secretary Karoline Leavitt, when asked about Trump's comments, clarified that the President was responding to "sitting members of the United States Congress who conspired together to orchestrate a video message... encouraging them to defy the president's lawful orders." She did not confirm that the President wants to execute members of Congress.

Congressman Jason Crow's Rebuttal and Rationale

Congressman Jason Crow, a retired Army Ranger and one of the Democrats in the video, refuted Leavitt's statement, calling it a "lie." He clarified that the video specifically referred to unlawful orders, which is consistent with the Constitution, the Uniform Code of Military Justice (UCMJ), and military training. Crow stated that Trump's administration is attempting to portray a reminder of one's oath and legal obligations as criminal, treasonous, and deserving of execution by hanging, which Trump explicitly called for.

Crow explained that the video's purpose was not to identify specific unlawful orders but to "prepare our service members, our young men and women, who are going to be put in very difficult positions in the years ahead to understand their oath and their obligation." He emphasized the importance of having this conversation before service members are faced with instant decisions.

Specific Concerns and Examples

Crow cited several reasons for concern regarding potential unlawful orders:

• Lafayette Square Protests: Donald Trump reportedly asked if he could shoot protesters in the leg during the protests at Lafayette Square.
• Deployment to Cities: Trump has stated intentions to "go to war with Chicago" and send troops into U.S. cities, some of which federal courts have already declared illegal.
• Disregard for Court Orders: Crow noted that the Trump administration "over a third of the time... disregards lawful orders of the courts."

Risks and Support for Service Members

Amna Nawaz raised the point from "The Orders Project," a nonprofit offering legal advice to service members, that disobeying an order, even if believed to be unlawful, carries the risk that a military judge might disagree, leading to consequences for the service member. Crow acknowledged this inherent risk, stating, "every military member takes on that risk. Service is hard." He emphasized that the video's message is to assure service members that members of Congress and fellow veterans "stand by them, we see them, and we are reminding them of their oath."

Counter-Perspective from General Barry McCaffrey

Retired Four-Star General Barry McCaffrey criticized the Democrats' video, stating it was "unwarranted and dangerous." He advised Congress to "Focus on your own responsibilities in Congress to oppose military actions you believe are wrong or illegal. Support the judicial system to push back. Don't call on the military to stop Trump."

Crow responded by clarifying, "We're not calling on the military to stop Trump. We're calling on the military to fulfill oaths." He suggested that General McCaffrey might not fully grasp the current challenges and the "moment that we're in" regarding the administration's actions.

Trust in the Judicial System and Congressional Duty

When asked if he trusts the courts to continue pushing back against Trump policies, Crow expressed skepticism, citing the administration's frequent disregard for court orders. He asserted his duty as a member of Congress to "do everything possible to uphold the Constitution and to defend this country," emphasizing that this is a collective responsibility for courts, citizens, the military, and law enforcement.

Safety Concerns and Resolve

Following President Trump's post, Senate Minority Leader Chuck Schumer requested special protections for Senators Slotkin and Kelly. Crow confirmed that he and his colleagues have received threats, which they take "very seriously." He linked these threats to the President's "vitriolic rhetoric and partisanship," citing the January 6th events as an example of people acting on Trump's words. Despite the threats, Crow stated, "I will not be intimidated," and vowed not to allow fear and intimidation to "silence dissent, to silence opposition, and to silence speech," as he believes that would lead to the loss of democracy. He concluded by stating, "Fear is contagious, but so is courage. And I intend to lead."

Conclusion

The video transcript details a significant political and constitutional debate initiated by Democratic members of Congress with military backgrounds, urging service members to refuse unlawful orders. This stance, rooted in the Constitution and UCMJ, is presented as a proactive measure to prepare troops for potential future challenges, particularly given past actions and statements by Donald Trump. The initiative has drawn severe criticism from Trump, who labeled it seditious and punishable by death, and a counter-argument from the White House. Despite concerns about personal safety and criticism from some military figures, Congressman Jason Crow and his colleagues remain resolute, viewing their actions as a fulfillment of their constitutional duty to defend democracy against attempts to silence dissent through fear and intimidation.