26 November 2025•Update: 26 November 2025
ISTANBUL
Some US service members see themselves as a safeguard against possible illegal orders by President Donald Trump, said a prominent California Democrat in the wake of Trump calling for the death sentence for Democratic lawmakers who stressed soldiers’ obligation to refuse unlawful orders.
Congressman Eric Swalwell, a California gubernatorial candidate, said the Trump administration telegraphed its intention to violate the law by targeting Sen. Mark Kelly, a retired Navy captain, after the Defense Department announced a formal misconduct review into Kelly’s participation in the video on refusing unlawful orders, Fox News reported Tuesday.
Speaking on a YouTube program, Swalwell said Monday that troops have told him they view themselves as a final line of constitutional protection.
“Military members have told me: ‘We can be a check’,” he said. “They’re essentially saying: ‘We’re not going to betray our oath to the Constitution because this guy tells us to.’ … Their honor and integrity might just save us.”
Lawmakers called ‘traitors’
He added that the administration’s response suggests an intent to push unlawful directives.
“To me, the only reason you’d go after Mark Kelly if he’s telling soldiers, ‘You don’t have to follow an unlawful order’ — and they don’t — is if you intend to carry out unlawful orders,” Swalwell said.
On Monday, Sen. Ruben Gallego warned on CNN that military officials who retaliate against Kelly could face repercussions.
“Donald Trump is going to be gone in a couple of years,” Gallego said, referring to the two-term limit for presidents. “And if you’re part of the military that is going after sitting senators … there will be consequences, without a doubt.”
Last week, after a group of US lawmakers posted a video reminding members of the military that they are obligated to refuse any unlawful orders – part of the US Uniform Code of Military Justice – Trump lashed out at them, calling them “traitors” and saying their actions are “punishable by DEATH!”
All of the lawmakers are former members of the US military or intelligence services, including Kelly, also a former Space Shuttle pilot.
The standard to obligate soldiers to refuse illegal orders stemmed from the aftermath of World War II, in which Nazis tried for war crimes could not defend themselves by saying they were simply obeying orders.
