11/29/2025
They’re Going to Have to Arrest a Lot of Lawyers
It was my first day in the Army. We were herded into a room, and an Army lawyer, Captain, gave us a briefing on what the Drill Sergeants could and could not tell us to do. After going over the list of things they could not order us to do, he closed with, “If your Drill Sergeant tells you to do any of these things, that is an unlawful order, and you should never follow an unlawful order.”
Day one in Baghdad. I was ushered into a room with a group of officers and civilians. A JAG Captain came in and briefed us on the Rules of Engagement. He closed with, “If you violate the ROE, you will be held accountable. If you are ordered to violate the ROE, that is an unlawful order, and you cannot follow it. Follow it, and you will be held accountable.”
Last week, six Members of Congress, all veterans of the military and intelligence communities, released a video reminding members of those communities that not only could they refuse an illegal order, but they were legally and morally obligated to do so.
No specific unlawful orders were mentioned. President Trump was not named. That made no difference. Trump exploded. He called it treason and sedition, and he said these six senators could all be executed for sedition.
Okay, let’s unwrap the layers of stupidity here.
First, as a 30-year veteran of the Department of Defense and the Intelligence Community, I can’t count how many times lawyers told me I was NEVER authorized to break federal law or violate the Constitution… EVER. They always told us that if a superior ever ordered us to break a law, we should report them to the Inspector General or the General Counsel’s Office immediately.
Second, Trump doesn’t seem to realize that treason and sedition are different. What these Members of Congress did doesn’t come close to fitting the definition of Treason in Article III, Section 3 of the Constitution or in 18 U.S. Code § 2381. And “Sedition” by itself isn’t a crime. 18 U.S. Code § 2384 defines “Seditious Conspiracy” as a crime. It’s a small difference, but it shows Trump is using words he doesn’t understand.
Oh, and the maximum punishment for Seditious Conspiracy isn’t death; it’s twenty years.
Always in a hurry to add another layer of dumb, at Trump’s behest, Defense Secretary Pete Hegseth has ordered the Secretary of the Navy to investigate with the intent of recalling Senator Mark Kelly, a retired Navy Captain, back to active duty for court-martial. If he goes through with it, Hegseth is going to look particularly stupid… even for him.
The Manual For Courts Martial, United States (2024 Edition) in Para. 18c(1)(c) says, “A general order or regulation is lawful unless it is contrary to the Constitution, the laws of the United States, or lawful superior orders or for some other reason is beyond the authority of the official issuing it. In Rule 916, the manual says, “An act performed pursuant to an unlawful order is excused unless the accused knew it to be unlawful or a person of ordinary sense and understanding would have known it to be unlawful.”
These Members of Congress are absolutely in line with that. If Hegseth and Trump push it, Mark Kelly reads these two quotes, drops the mic, and then walks out of the court.
Many are angry because they don’t think Trump has ever issued an unlawful order. Still, Federal Judges have ruled Trump’s use of troops in Los Angeles, Chicago, Portland, and DC as unlawful… so yeah, the President issuing illegal orders is a thing.
But someone is missing from this drama.
The courts ruled that the President is issuing illegal orders. Trump is threatening to execute six members of Congress for saying the same thing every Drill Sergeant and every military lawyer says. The Secretary of Defense, at the President’s urging, is threatening a current U.S. Senator with arrest and a kangaroo court. You would think someone on the Armed Services Committee would have an opinion on all of this. Someone like Mike Rogers, the Chairman of the House Armed Services Committee. But what does he have to say? We don’t know. Once again, he’s AWOL.
Rogers claims it’s vital that we have to keep electing him because he’s the Chairman of the Armed Services Committee and that loss would have HUGE negative impacts, but what is he actually doing with that title? How often do we have to ask… Where is Mike Rogers?
We deserve better.