When a group of Democratic military veterans who serve in Congress released an ad last week urging service members to refuse orders if they are illegal, the Trump administration could have deployed an obvious defense: What are you talking about? We’re not issuing or planning any illegal orders.
Instead, the administration has opted for a rebuttal that is considerably more self-incriminating. President Donald Trump swiftly took to social media to call out these lawmakers for “seditious behavior” that is “punishable by death.” “It is insurrection,” the White House adviser Stephen Miller charged. “It’s a general call for rebellion.”
In light of the administration’s undeclared military campaign in the Caribbean, which has included extralegal strikes against boats that are allegedly smuggling drugs, it might have made sense to let this controversy die down. Instead, Pete Hegseth’s self-styled Department of War took to X yesterday to announce that Senator Mark Kelly, a former Navy combat pilot and one of the Democrats who appeared in the ad, will be investigated for a possible court-martial owing to “serious allegations of misconduct.” The post goes on to remind military retirees that they are still subject to the Uniform Code of Military Justice, which prohibits “actions intended to interfere with the loyalty, morale, or good order and discipline of the armed forces.”
It bears noting that the ad does not call for ignoring legal orders. It’s merely a public-service announcement reminding members of the military and the intelligence community of their right to avoid implication in crimes. The ad can be interpreted as a call for rebellion only if the orders coming from above are in fact illegal.
Whiskeyleaks.