“Can’t you just shoot them?”
Six Democratic lawmakers released a video on Tuesday that reminds soldiers of all ranks that they are obliged under their oaths not to carry out illegal orders (New York Times):
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.”
Slotkin raised concerns about illegal orders during a hearing this summer with now-Defense Secretary Hegseth about Trump’s desire to deploy active-duty troops to suppress protests in American cities.
She referenced the time in 2020 when then-President Donald Trump asked then-Defense Secretary Mark Esper and Joint Chiefs of Staff Gen. Mark Milley if they could “just shoot” Black Lives Matter protesters. You know, “just shoot them in the legs or something?”
The two manly men looked at Trump with tears in their eyes and said, “Sir, no sir.” (Or something like that.) It would be criminal, they told the now-convicted criminal.
So before Trump’s second inauguration in January, his proposed defense secretary, Fox News Weekend alcoholic, Pete Hegseth, faced questioning about that episode in his Senate confirmation hearings.
Sen. Mazie Hirono (D-Hawaii) asked Hegseth, “Would you carry out such an order from President Trump?” Hegseth dissembled.
Since then, Trump has acted routinely outside the boundaries of his constitutional authorities with no pushback from the Republican-controlled Congress. He has declared a war against drug cartels for which he lacks the authority. He has called in missile strikes against small boats in the Caribbean, killing at least 82 since September 2, alleging without providing evidence, that they are carrying drugs to the U.S. This would ordinarily be a law enforcement responsibility involving Coast Guard interdiction, arrest and prosecution. Trump is ordering summary execution. It has these lawmakers concerned.
In an interview with The New York Times, Ms. Slotkin said that she had heard from active-duty troops who were concerned about the legality of strikes that have targeted people accused by the Trump administration of trafficking narcotics by sea. Some wondered whether they could be held personally liable for the deaths, she said.
Kelly raised similar concerns in an NBC interview.
Trump’s pet psychopath, Stephen Miller (rumored to be the person really running the Trump White House), is not pleased.
“Democrat lawmakers are now openly calling for insurrection,” Stephen Miller, President Trump’s deputy chief of staff, wrote on social media.
Martha MacCallum of Fox News questioned Rep. Jason Crow of Colorado (D), a former Army Ranger, about his part in the video. Crow pushed back. Hard.
Oregon state Rep. Dwayne Yunker (R), himself a veteran, pushed back, calling the video “a direct threat to our republic.” But he helped disseminate the Democrats’ message by including it in his tweet. Thanks, Dwayne.
A search of websites tackling this issue reveals this from a law office:
What are unlawful orders?
An unlawful order is a directive issued by someone in a position of authority that violates the law, a person’s rights, or ethical principles. Following such orders can have legal consequences for both the person giving the order and the one executing it. Here are some examples of unlawful orders:
A superior orders a soldier to engage in war crimes, such as:
- Targeting civilians intentionally.
- Torturing prisoners of war.
- Looting or pillaging property.
- A commanding officer orders personnel to suppress lawful protests in violation of First Amendment rights.
- Violations of International Laws.
Some other examples may be an Abuse of Authority:
- Misuse of resources: A public official orders employees to use government funds or equipment for personal gain.
- Harassment or retaliation: A superior orders someone to engage in workplace bullying or to retaliate againsta whistleblower.
We’ll get to suppressing lawful protests in violation of First Amendment rights in the next post.
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