Military Legal Community Outraged by Trump's Comments
American veterans and military legal experts have voiced strong condemnation after former President Donald Trump accused Democratic lawmakers of committing "sedition, punishable by death" for urging US service members to refuse unlawful orders. The extraordinary exchange has sparked concerns about the politicisation of America's armed forces and the safety of elected officials.
The controversy began when a group of Democratic lawmakers with military or national security backgrounds released a video on Facebook addressing US service members directly. The group included Congressional representatives Maggie Goodlander, Jason Crow, Chris DeLuzio and Chrissy Houlahan, along with senators Mark Kelly and Elissa Slotkin.
In their message, the lawmakers stated: "The administration is pitting our uniformed military and intelligence professionals against American citizens" and emphasised that service members "must refuse illegal orders." While they didn't specify which orders might be unlawful, their comments came amid criticism of Trump deploying troops during peaceful protests and aggressive immigration enforcement operations.
Trump's Explosive Response
Trump responded forcefully on his Truth Social platform, describing the lawmakers' actions as "seditious behaviour, punishable by death!" He declared that "each one of these traitors to our Country should be arrested and put on trial" and reposted another user's message reading: "Hang them George Washington would!"
David Frakt, a retired air force officer and attorney in the judge advocate general corps, expressed serious concerns about the implications of such rhetoric. "He uses sedition and treason very broadly and inappropriately," Frakt stated. "The irony is that if anyone committed sedition or treason, it was the people that he urged to overthrow the government on January 6 [2021]."
Frakt warned that Trump's execution rhetoric places lawmakers' safety at risk, noting they're "very likely in fear for their life now" because they've been labelled "enemy of the people."
Legal Experts Weigh In on Unlawful Orders
Don Christensen, a retired air force colonel and former chief prosecutor of the air force, described Trump's comments as "horribly wrong" and criticised Senator Lindsey Graham for failing to condemn the president's statements despite his background as a former air force attorney.
Rachel VanLandingham, a law professor at Southwestern Law School and retired air force lieutenant colonel, provided crucial legal context about when service members can legally refuse orders. She explained that orders are presumed lawful, and the duty to disobey only arises when an order is "manifestly, patently unlawful" - meaning any "person of ordinary understanding" would recognise it as criminal.
VanLandingham cited examples like the My Lai massacre during the Vietnam war as clear cases where orders should have been refused. However, she noted that the lawmakers' video omitted this important legal nuance, potentially creating confusion for service members.
Coretta Johnson Gray, another former air force attorney, emphasised that the duty to disobey illegal orders "has always been the law" but expressed concern about heightened anxiety among service members who normally operate without questioning typical orders' legality.
Broader Concerns About Military Politicisation
Kevin Courtney, an attorney with the Military Law Center and former Marine captain, warned that the current political discourse puts junior service members in a dangerous position. He stressed that "every order is presumed lawful" except in extreme and obvious cases.
Courtney highlighted the risk of creating a politicised split within military ranks, where "if you're a liberal, you might follow the video's guidance. If you're conservative, you might follow the president."
The public should be concerned about politics influencing the military, Courtney argued, noting that "the reason the public honours veterans and service members so highly is because they represent all of America" rather than any single political party.
Gray expressed additional alarm about many military lawyers quitting the service and concerns that the JAG corps is becoming politicised, particularly after incoming secretary of defense Pete Hegseth fired or demoted legal advisors to service branches. She urged active-duty senior leadership to publicly reaffirm their oath to the constitution and political neutrality.
