
Let us Clarify the Record
Blue Press Journal – In a nation built on the rule of law, the distinction between a lawful order and a personal command is not merely semantic—it is the bedrock of our democratic and military institutions. A recent political firestorm has brought this critical principle into sharp focus, sparking a vital conversation about duty, the Constitution, and the limits of power. When a group of lawmakers released a video reminding U.S. service members of their legal obligations, the ensuing backlash revealed a fundamental clash of ideologies—a clash that hinges on one unwavering legal truth: military members can be prosecuted for following orders that are unlawful.
The controversy ignited when the lawmakers, many of them veterans, published a direct message to those in uniform. Their statement was not a call for insubordination, but a reaffirmation of established military law. “Right now, the threats to our Constitution aren’t just coming from abroad, but from right here at home. Our laws are clear,” the lawmakers stated. “You can refuse illegal orders…you must refuse illegal orders. No one has to carry out orders that violate the law or our constitution.”
The response from the executive branch was, according to one lawmaker, swift and chilling. She alleges that the President’s reaction was not a political rebuttal but an act of intimidation. “The President directing the FBI to target us is exactly why we made this video in the first place,” she stated. “He believes in weaponizing the federal government against his [perceived] enemies and does not believe laws apply to him or his Cabinet. He uses legal harassment as an intimidation tactic, to scare people out of speaking up.”
This alleged response frames the central issue perfectly. The lawmakers contend that their message, an educational reminder of legal duty, was met with an attempt to suppress their First Amendment rights through the very federal agencies sworn to uphold the law. As they put it, “President Trump is using the FBI as a tool to intimidate and harass members of Congress.”
The Legal Bedrock: Duty Under the Uniform Code of Military Justice
To understand the legitimacy of the lawmakers’ message, one must look directly at the law that governs the armed forces: the Uniform Code of Military Justice (UCMJ). The UCMJ is not ambiguous on this point. While it demands obedience to lawful orders, it also implicitly and explicitly holds service members accountable for their actions, even when those actions are commanded by a superior.
The defense of “just following orders” is not a legal shield in the American military justice system. An order is considered unlawful if it violates the U.S. Constitution, federal statutes, or the international laws of war. A service member who carries out an order that a person of ordinary sense and understanding would know to be illegal is subject to criminal prosecution.
The UCMJ, for example, strictly “prohibits the premeditated and unlawful killing of a human being.” An order to commit such an act would be patently illegal, and the subordinate who carried it out would share criminal liability with the commander who gave it. This principle extends to any order that directs personnel to violate constitutional rights, commit war crimes, or break established U.S. law. Therefore, when the lawmakers stated that service members “must refuse illegal orders,” they were not expressing a political opinion—they were citing a core tenet of American military jurisprudence.
The Echoes of Nuremberg: A Lesson Paid for in Blood
This legal standard is not a recent invention. Its modern roots are deeply embedded in the aftermath of World War II and the historic Nuremberg trials. At Nuremberg, Nazi officials were prosecuted for war crimes and crimes against humanity. A primary line of their defense was that they were merely cogs in a machine, following the orders of their superiors. The International Military Tribunal decisively rejected this argument, establishing the “Nuremberg principle”—that an individual’s duty to international law can transcend their obligation to obey a superior’s command.
This principle sent a clear message to the world: individual accountability cannot be abdicated. This a lesson the United States military has taken to heart. Over the decades, U.S. military courts have consistently pushed back against the “Nuremberg defense.” From court-martials related to the My Lai massacre in Vietnam to more recent cases, prosecutors have successfully argued that military members can be prosecuted for following orders that are unlawful. The expectation is that American service members are not automatons but moral agents, equipped with the training and judgment to recognize and refuse an illegal command.
The Oath to the Constitution, Not to a Commander
Faced with criticism, the lawmakers involved have stood their ground, framing their actions as a fulfillment of their solemn vow. “We swore an oath to support and defend the Constitution of the United States. That oath lasts a lifetime, and we intend to keep it,” they asserted. “We will not be bullied. We will never give up the ship.”
This highlights the most crucial element of a service member’s commitment. The military oath of enlistment is not to a president, a general, or a political party. It is an oath to “support and defend the Constitution of the United States against all enemies, foreign and domestic.” This places the Constitution as the ultimate authority. An order that contravenes the Constitution is, by definition, an illegal order that a service member is duty-bound to disobey.
In this context, the lawmakers’ video was an exercise of their First Amendment right to state a fact—a fact essential for the preservation of constitutional order. The attempt to paint this as an act of disloyalty fundamentally misinterprets where a service member’s ultimate loyalty must lie.
Conclusion: A Republic of Laws
The controversy surrounding this video is more than a political spat. It is a test of our nation’s commitment to the principles it professes to uphold. The core message—that obedience in the military is conditional on legality—is a vital safeguard against tyranny. It ensures that our armed forces serve the nation and its laws, not the unchecked will of a single individual.
The allegation that federal law enforcement would be used to intimidate elected officials for speaking a legal truth is profoundly disturbing. It suggests a belief that power should be absolute and dissent should be silenced. But the law is clear, and the historical precedent is undeniable. In the United States military, the duty to the Constitution is paramount. A service member’s most profound responsibility is not blind obedience, but reasoned, moral, and legal judgment. To refuse an unlawful order is not an act of defiance; it is the ultimate act of allegiance.











