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Wealth Advisor

The ‘Illegal Orders’ Controversy

Democrats initiate a dangerous debate.

One doesn’t have to approve of the way President Donald Trump responded to several congressional Democrats to deplore their reckless suggestion that U.S. troops should disobey the president’s orders. A video published by the Democrats deserved widespread condemnation, not death threats.

Today the Defense Department posted on X about a Democratic senator from Arizona who appeared in the video urging resistance to illegal orders—without claiming that any particular Trump order is illegal. According to the Pentagon:

The Department of War has received serious allegations of misconduct against Captain Mark Kelly, USN (Ret.). In accordance with the Uniform Code of Military Justice, 10 U.S.C. § 688, and other applicable regulations, a thorough review of these allegations has been initiated to determine further actions, which may include recall to active duty for court-martial proceedings or administrative measures. This matter will be handled in compliance with military law, ensuring due process and impartiality. Further official comments will be limited, to preserve the integrity of the proceedings.

The Department of War reminds all individuals that military retirees remain subject to the UCMJ for applicable offenses, and federal laws such as 18 U.S.C. § 2387 prohibit actions intended to interfere with the loyalty, morale, or good order and discipline of the armed forces. Any violations will be addressed through appropriate legal channels.

All servicemembers are reminded that they have a legal obligation under the UCMJ to obey lawful orders and that orders are presumed to be lawful. A servicemember’s personal philosophy does not justify or excuse the disobedience of an otherwise lawful order.

This message was rather tame compared with Mr. Trump’s online posts last week when he responded to news of the video that Sen. Kelly and his party colleagues had posted. Mr. Trump wrote:

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