Chaos Erupts After Far-Left Members of Congress Create a Constitutional Crisis for Our Military
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Six far-Left Members of Congress released a message telling the military it can refuse to follow President Donald Trump’s orders. The Trump Administration blasted the U.S. Senators and Representatives, which included Sens. Elissa Slotkin (former CIA) and Sen. Mark Kelly (former Navy and astronaut). Now the Left is suddenly upset that their words may have legal consequences.
As reported in the New York Times:
Six Democratic lawmakers who served in either the military or the intelligence community are reminding their still-serving counterparts in a short online video that they are obligated to refuse illegal orders.
The stark message, posted on Tuesday, was organized by Senator Elissa Slotkin of Michigan, a former C.I.A. analyst who served multiple tours in Iraq. The lawmakers took turns reading a statement in which they cautioned that the “threats to our Constitution aren’t just coming from abroad, but from right here at home.”
“Our laws are clear,” said Senator Mark Kelly of Arizona, a Navy veteran and former astronaut. “You can refuse illegal orders.”
“You must refuse illegal orders,” added Representative Chris Deluzio of Pennsylvania, who also served in the Navy.
The Democratic lawmakers’ message did not focus on a specific order or scenario. “We know you are under enormous stress and pressure right now,” they said. “This administration is pitting our uniform military and intelligence community against American citizens.”
In other words, six prominent far-Left lawmakers – some of them former military or intelligence officials themselves – releaseda coordinated video message telling U.S. service members and the intelligence community that they should defy orders. Not specific orders. Not a policy directive. Just what they consider “illegal orders.” Not surprisingly, whatever it is they consider “illegal” orders remained just as undefined, unstated, and entirely subjective at the end of their video as it was at the beginning.
This video features Sen. Elissa Slotkin (MI), Sen. Mark Kelly (AZ), Rep. Jason Crow (CO-6), Rep. Maggie Goodlander (NH-2), Rep. Chrissy Houlahan (PA-6), and Rep. Chris Deluzio (PA-17). And they speak directly into the camera telling soldiers, sailors, Marines, airmen, intelligence officers – people already under enormous pressure – that they should be ready to refuse the President’s commands.
However, the Constitution is unambiguous: Article II, Section 2 makes the President the Commander-in-Chief. Not Sen. Kelly. Not Sen. Slotkin. Not any of these six. Telling soldiers to refuse mythical illegal orders makes about as much sense as a “No Kings” protest in a country where there is no king. It’s just political posturing on the part of these radical Leftists.
The lawmakers offer no clarity. Instead, they drop a vague warning, implying something is happening that they offer not one shred of evidence to support. But they’re sowing the seeds of doubt. And that is where things get confusing and dangerous.
The Uniform Code of Military Justice (UCMJ) – created by Congress, by the way – governs lawful versus unlawful orders. The UCMJ is crystal clear: An order is presumed lawful unless it is obviously criminal. That presumption exists because, without it, the military chain of command collapses.
But these politicians are sitting in their offices telling young service members that they should second-guess orders that have already passed through layers of command, oversight, legal review, and operational planning. And then they have the nerve to add the line: “We have your back.” Really? Will they pull someone out of a military prison after they ignore the chain of command? Will they intervene in a court-martial? Of course not. It’s an empty promise used to score political points, and it risks creating the very constitutional crisis they claim to fear.
ACLJ Senior Counsel for Global Affairs Mike Pompeo – who, during his service in the U.S. Army, earned a Silver Star, Bronze Star, and Purple Heart – joined us on the broadcast and laid it out clearly:
Look, that video was disingenuous at best and dangerous at worst. I was a young soldier; it’s been 40 years now – I’ll concede that. But when I was a young soldier, the first thing you’re taught is the basic rule that you have an obligation to follow every lawful order and an equal duty not to follow an unlawful or unconstitutional order, . . . and every soldier, whether they’re the youngest enlisted soldier in the Marines or Navy or a senior officer in the Army or Space Force, everybody gets that.
So, they were doing this for political purposes, and they got the attention they wanted. They got the storyline out there they wanted. It’s a bit of a tempest in the teapot in that way, but it is unexplainable other than to say they are playing political games with a very important American institution, the United States Armed Forces, and for that, they should be ashamed of themselves. And I’m glad that so many have come around the cause, saying that this is reckless and dangerous for them to have chosen to do that. It’s unexplainable other than as a political stunt or an effort to undermine the current Administration.
The bottom line is that undermining the chain of command doesn’t protect America – it destabilizes it. Checks and balances already exist. Courts already function. The military justice system already works.
What doesn’t work? Members of Congress who use soldiers as props in a political stunt. And from where most of us are sitting, that’s exactly what this video looks like.
Today’s Sekulow broadcast included more analysis of this highly unusual message from this handful of radical Members of Congress, and why it could prove dangerous for our troops, our civilians, and America as a whole.
Watch the full broadcast below: