Six Democratic senators (all of whom previously served either in the military or in the intelligence community) released a video in which they tell those currently serving that unlawful orders can be refused; one of them said such orders must be refused. Trump’s reaction was that they should be hanged for saying this.
It has long been Trump’s dream to have military commanders who obey him the way Hitler’s generals obeyed Hitler, carrying out even his unlawful orders. Trump said this himself, and during his second term he did everything he could to purge the military of commanders loyal to the law rather than loyal to him personally.
He was deeply irritated in May 2020 when protesters gathered near the White House after the murder of George Floyd, and he asked his then–Secretary of Defense: “Can’t you just shoot them? Just shoot them in the legs, or something like that?” The secretary said no. Trump politicizes the military and issues them unlawful orders.
One example of this was the deployment of federal troops — under false pretenses — against Democratic-led cities, which multiple court rulings found to be unlawful. Another example was the military strikes near Venezuela against what he claimed were drug-smuggling boats. These actions were unprecedented and legally questionable; no one ever proved that those killed were drug smugglers.
This is why the intervention by the six Democratic senators was justified and appropriate, and entirely lawful. They did nothing more than state what the law says. They simply reminded soldiers and intelligence officers that unlawful orders must be refused. Trump interpreted this as incitement, which he claimed should be punishable by death, and demanded that they be executed.
The Democratic senators reminded Americans that soldiers swear an oath to defend the Constitution, noting that constitutional threats now come not only from abroad but also from within the United States. Under that oath, they must defend the Constitution from foreign and domestic threats alike. CIA officers take a similar oath.
According to the Uniform Code of Military Justice, soldiers must follow only lawful orders. Obeying an unlawful order can subject a soldier to criminal prosecution, because legal precedent holds that an order by itself is not a defense. This is commonly referred to as the “Nuremberg defense.”
High-ranking members of Hitler’s military invoked this argument during post–World War II trials, claiming they were “just following orders.” But in the U.S. military this defense is not allowed, because soldiers are required to refuse unlawful orders. That is why the Democratic senators — all of them former service members — reminded the military of their legal oath and warned them accordingly.
Trump, however, was enraged by this, because his ultimate goal is that none of his orders can ever be refused. He has no interest in whether an order is lawful or not. He called the Democrats’ reminder to follow the law “insurrection,” and said they deserved the death penalty — he would have them hanged.
Republican lawmakers reacted in the usual fashion: some offered mild criticism, others aggressively defended Trump, while most tried to dodge the question entirely, claiming — absurdly — that they had not seen Trump’s death threats. But they did not forget to accuse the Democrats’ message of being “irresponsible.” One wonders why.
The Democrats correctly point out that Trump continues to call for political violence, and once again confirmed that he is not opposed to using violence — even lethal force — against his political opponents. The six Democratic senators issued a joint statement condemning Trump’s threat, emphasizing that they were not calling for insurrection, but for compliance with the law.
House Democratic leaders announced that they have contacted the House Sergeant at Arms and the U.S. Capitol Police to ensure the safety of lawmakers and their families. Trump’s reaction only confirmed their concerns, because it shows clearly whom Trump is preparing to use the military against: anyone who dares contradict him.
