As a former U.S. Court of Appeals, 9th Cir., clerk, lifetime litigator, counsel who worked for two presidents, and led investigations for two U.S. House speakers, I understand federal law. As a former ten-year U.S. Navy Intelligence Officer, I understand military law. Americans need to take a breath.
Six questions deserve immediate answers.
First, what is President Trump doing – according to Democrat partisans, anti-Trump, former military members of Congress – that warrants U.S. military personnel disobeying military orders?
Answer: While insinuated rather than stated, the unspoken allegation being fed by Democrat partisans, anti-Trump, former military members of Congress, is that three sets of actions by President Trump are unlawful, thus represent illegal orders.
The three actions, one can infer from Democrat talking points, are: Deployment of National Guard to stabilize violence in several cities; using force on the “high seas” to stop designated terror groups from trafficking drugs; and deploying ICE to arrest, detain, and deport identified illegal alien felons.
To be clear, there are no illegalities in these orders, which is one reason the unethical, insinuating Democrats – that is how Democrats play these days – refused to identify any illegal order.
Fully ten presidents since FDR (a Democrat) have deployed the National Guard under Title 10, or in concert with a governor under Title 32, to stabilize lawless cities, including Lyndon Johnson and Bill Clinton (both Democrats). This is exactly what Title 10 was enacted to permit, no illegalities.
Historically, the U.S. has three polices tied to engaging combatants, including terrorists, drug traffickers, and pirates on the “high seas.” We directly confront, where intelligence and prudence require, with lethal force. We support foreign “shootdown policies,” including in South America. We U.S. Coast Guard helicopters have snipers. These policies are 25 years old, so no lawlessness here.
Finally, ICE has full authority, given to them by federal statute, to arrest and deport illegal aliens guilty of felonies, and absence felony to swiftly adjudicate (administratively) a claim of asylum, and deport.
In short, normalizing illegality, then undermining a president for using the National Guard, setting shootdown policies, and deploying law enforcement is itself borderline criminal. To execute the laws and to protect public safety is what a president, constitutionally, is required to do.
Second, does any order given by President Trump or his Secretary of Defense violate federal or military law (Uniform Code of Criminal Justice, UCMJ)? As indicated above, no. The additional military law reference is important. Posse Comitatus says a president cannot use the military to fight against the American people, but the National Guard operates in support of law enforcement.
Third, what risks arise when members of Congress direct 2 million U.S. military personnel to consider disobeying direct orders from the Commander in Chief? Huge risks. Since most military personnel are not lawyers, this Democrat crossfire – creating intentional confusion – undermines U.S. military readiness, and is a disgraceful attempt to take executive authority from a president.
Fourth, did Democrats give “comfort” to the enemy, an element of treason in the Constitution? Flip the script. Imagine China’s National People’s Congress telling China’s military they can disobey President IX, Iran’s Islamic Consultative Assembly saying Iran’s military can disobey Khamenei, or Russia’s Federal Assembly questioning Putin’s orders. Give us comfort? You bet.
Fifth, was President Trump accurate when he said encouraging the military to disobey orders is “sedition,” and is it punishable by “death?” While passions run high, Democrats are reckless.
The crime of “seditious conspiracy” (18 USC 2384) does exist. The facts presented – even with the qualifier that only “illegal” orders be disobeyed – are playing with fire. Democrats, who can name no illegal act, know this is pure politics, high theater, and dangerously undermines U.S. readiness.
Is it “sedition?” “Sedition” is conspiring to use force to overthrow the government, levy war against it, or prevent the execution of any law. It is punishable by 20 years in prison.
“Treason,” by contrast, under Article 3, Section 3, of the U.S. Constitution and 18 USC 2381, is harder to prove, but does contemplate “death.” Article 94 of the UCMJ also allows “death” as punishment. That said, no one in the U.S. has been punished by death for treason since 1862.
Sixth, at this moment in history, is this discussion good for U.S. national or domestic security? Is it a thoughtful, judicious, non-political way for Democrats to defend Democrat governors unable to control crime, or defend terror groups trafficking drugs, or complain of ICE agents arresting illegals with felony records? Answer: Absolutely not.
Bottom line: What former military Democrats in Congress did, with non-military, non-lawyer Democrats like Maine’s Representative Chellie Pingree, is reckless. They insinuate what does not exist – encouraging insubordination, sowing distrust, comforting our enemies, and undermining U.S. military readiness. This kind of thing has to stop. Take a breath.
Robert Charles is a former Assistant Secretary of State under Colin Powell, former Reagan and Bush 41 White House staffer, Maine attorney, ten-year naval intelligence officer (USNR), and 25-year businessman. He wrote “Narcotics and Terrorism” (2003), “Eagles and Evergreens” (North Country Press, 2018), and “Cherish America: Stories of Courage, Character, and Kindness” (Tower Publishing, 2024). He is the National Spokesman for AMAC. Today, he is running to be Maine’s next Governor (please visit BobbyforMaine.com to learn more)!
The six Democrat seditionists, all fully knowing how the chain of military command works, did their stunt to pander exclusively to a select community of Americans who do not have any idea of how orders come down from the top.
There are so many levels of that any given order has to phase through before it hits the lowest ranked.
If at any time, an order is questionable, it’ll be challenged by the active members and see a military judge advocate before it gets processed forward. President Trump has issued no such questionable orders otherwise it would have been stopped long before it reaches any troops in the field.
Those six are seditious through and through. They need to be dealt with according to the laws set upon the books already.
All parties involved need to appear before both a military court as well as federal inquiry and explain in detail the reasoning behind their posting this video. If it is revealed the purpose was unquestionably political and in no way addressed a documented order received that qualifies as an “Illegal Order”. If it is decided the purpose was strictly political all federal benefits as well as awarded military metals should be revoked. This is a dedicated assault on our President’s authority.
RBC, it continues to be amazing how the Democrats distort the truth about the proper application of the laws by President Trump. I remember my 3 tours with NATO in the late 1990s, where Democratic orientated leaders were somewhat already laying the groundwork for the military to question the authority of those leaders who were loyal to the nation and not of a “PARTY”. Under President Obama, things became quite clear that loyalty was to the “PARTY” and not to the nation as senior officers began initiating orders that were contrary to rightful laws while officers loyal to defend the Constitution were retired or removed from their jobs to make more room for Democratic ones. It is a shame that the Democrats sabotaged the military for such a long time and that it continues.
Imagine a military that says we’re not going to attack the enemy today because we don’t think it’s a lawful order. So why not ignore the laws of congress, states, counties or cities because we just don’t think they’re lawful as well? Dems don’t want anyone to follow the laws unless it’s theirs, and they’re in power. The rule of law is binding regardless of who is in charge. For democrats, this seditious act to undermine chain of command and rule of law is treasonous.
First off, to correct the “That said, no one in the U.S. has been punished by death for treason since 1862.” Julius and Ethel Rosenberg, spies for the Soviet Union, were both executed for treason in 1953 because of the deaths they caused while our country was at war with North Korea and China (technically it still is because only a cease fire was signed at Panmunjom, never a peace treaty). Second not all of the democrats engaging in these seditious acts are civilians, Mark Kelly former astronaut is also a former USN Captain and fully aware of the UCMJ because as an officer of his rank he should have been involved in dispensing Article 15 proceedings for any enlisted in trouble under his command. He, as any officer, is also subject to recall at any time at the government’s request, and therefore subject to charges for interfering with lawful orders, and sedition, should the now Department of War decide they are warranted, which in my assessment they are. Reduction to rank of E-1, dishonorable discharge and loss of all benefits and retirement pension, including jail time are all options that are on the table.
It is evident that the six democrats who deliberately planted a seed of doubt in the minds of military members and the American people are replicating the same tactic used by satan in the garden of Eden, when he suggested to Eve that perhaps God didn’t mean what he said concerning eating from the tree in the midst of the garden. The serpent said,” You will not surely die. For God knows that when you eat of it your eyes will be opened, and you will be like God, knowing good and evil.” Genesis 3:5
Sedition. Pure and simple. Impeach the Democrats who brought this on.
Just thinking. Is it legal for a President to tell border control agents, who are sworn to secure the border from invasion, to not secure the border and allow millions of illegals and possible terrorist into the country, not knowing anything about them?
The fact that these “Senators” were in the military at one point in their lives and they put this out, how out of touch are these people? I think we need to see some public punishment. Bring out the gallows.
Any politician who encourages military members to disobey orders needs to be tried and thrown into prison. If a soldier has a serious “ethical” concern they will be tried in a military court to where they would have to present a very convincing reason for disobeying an order. Most likely the court will defer to Command and a soldier will see expulsion, prison time and loss of benefits.
I wish someone would ask these Senators if the military should have ignored the Obama administration when they ordered a drone strike that killed American citizen Anwar al-Awlaki in Yemen in September 2011with NO DUE PROCESS.
UCMJ define Sedition & all broke the law
These 6 need to be charged and trial by military Tribunals
Interesting the same instructions were not given to the military with the experimental covid shots where for forced on the military and many others in violation of the Nuremberg Code.
—“Permissible Medical Experiments.” Trials of War Criminals before the Nuremberg Military Tribunals under Control Council Law No. 10. Nuremberg October 1946 – April 1949, Washington. U.S. Government Printing Office (n.d.), vol. 2., pp. 181-182.
Brilliant Mr. Charles—many thanks for clarifying this seditious event.
Those stupid politicians were redundant. In basic training they tell every soldier that they do not have to obey orders that are not lawful. Our soldiers know their rights, and don’t have to be reminded by shady politicians.
Very informative, it is hard to believe that an Arizona Senator, and even one of Arizona’s congressmen were involved in this. I hope Kelly is reprimanded in some way.
A judge ruled that the deployment of the National Guard in DC is illegal. Three days later six congresspersons put out a Public Service Announcement reminding everyone who will listen that the military must disobey illegal orders. Three days later two National Guardsmen are assassinated while on duty. That is not a coincidence. That is precisely what they had in mind.
One of the seditious six is former CIA. The CIA has been active in Color Revolutions all over the world including the Green revolution in the Middle East and the revolution in Ukraine that made a stand up comic the President.
It appears they are now applying those skills to the United States.
Do not underestimate the depth of the Deep State. These people are despicable.
Insurrection plain and simple. These people (senators) should be arrested and prosecuted.
I am disgusted at the actions of the Senators and Congressmen who, obviously, encourage young, impressionable, soldiers to disobey orders from the President that, by inference, these Democrats call illegal orders. I’m especially disgusted at Senator Mark Kelly. Being an officer in the Navy he’s completely aware of the legality of Trump’s orders. However, Kelly hides behind the thin lie that him and his cohorts are only admonishing soldiers that they can disobey an illegal order. Why is this despicable coming from Mark Kelly? because he’s hoping to set off some mentally unstable soldier, or soldiers, who may totally ruin their life by disobeying an order.
A little history here, in case you forgot why Kelly is in politics. His wife, Gabby Giffords, was shot by a lunatic who was influenced by political notions and went to the extreme to make a statement. Mark Kelly now hopes to use this type of person for his own political gain. I heard this morning that Mark Kelly wants to run for president. I have a campaign slogan for Mark, “Mark Kelly for retirement.”
Mark, I hope you and Gabby have a long and pleasant retirement, away from the political world you are not qualified to be in.
Excellent article, as always! Thank you for explaining this simply enough that even the Democrats can understand it! They are playing with fire, and they should be charged with sedition/treason, tried and punished accordingly. They are knowingly and blatantly undermining our lawfully elected President, and continuing to destroy our country
Sounds akin to advocating the over through of the United States Government.
“no one in the U.S. has been punished by death for treason since 1862”. Maybe that is part of the problem? If people, politicians or anyone else, knew there was a likelihood of being tried and convicted with a punishment of “death” then maybe there would be (much) less of the anti-American behavior we see today.
Why is there so much confusion going on with what the U S A is about?
The history behind the making of this country is one of the most powerful stories, about what people fought TOGETHER, and died for realizing, every document was signed with, God as their witness.
They prayed their blessings over all the land, and we are the keepers of, “God’s Country.”
Our future generations deserve that.
Did I miss something in this article? That is to say, who is the person speaking? There’s a photo, am I blind? No name, title, or like info. While I appreciate what is said in this article and there is clear thinking here, who’s talking? Most Americans who have no clue as to the UCMJ and its constrictions and rules, will fall victim to the likes of these leftist leaders who are playing political games, games that may have high stakes, especially if some military person jumps on the idea. The left will continue to twist, manipulate and corrupt every perspective, so why would anyone listen to them?
Thanks for the good reporting…..?
Amazing – these six display the perfect blending of arrogance and ignorance and don’t have a clue that they stand on seditious ground. How arrogant and how ignorant and how seditious.
The President should be praised for defending this Country . The idea of victory for Truth and Liberty is appropriate when thinking about this article and the comments on it. That is something good to keep in perspective. Adjustments are needed periodically in order to maintain social stability. Edmund Burke was in favor of social stability.. This AMAC forum helps to maintain the qualities that are needed for an understanding of developments like this Insubordination matter. How to remedy the wrongdoing brought about by the wrongdoers can be achieved by.being a responsible citizen.And that necessitates having an understanding of. the value of the principles set forth in the Declaration of Independence and the Constitution. We can be grateful to God for having a way to communicate and contribute to a system that makes right thinking something admirable .
This is not a case of insubordination but yet again the Democratic Party wanting a war, for this was clearly a coup attempt against our country!!!! The individuals who made these statements should be shot for treason!!! It is time to stop playing games with the enemies to our country and the American people and taxpayers!
I would accept their immediate resignation, with a clear and unambiguous apology which includes a statement that President Donald Trump has broken no law nor issued any order to our military which is illegal. Otherwise, I would charge them all with seditious conspiracy and treason.
Trump needs to build another wall in front of the capital and line the Democrat seditionists in front of it with no blindfolds!!!
Democrats and nevertrumpers labor unnder the delusion that President Trump’s unacceptable election to them is thus illegitimate and any effort to undermine his authority is just and noble. They see him and the GOP as “occupiers” and themselves as romantic Reistance operatives like in rock star Pat Benatar’s video to her song “Shadows of the Night.”
Disobey any illegal orders? What is an “illegal” order? Any order the Dems don’t like.
Thank you, RBC, for your educated and knowledgeable viewpoint. It is always valuable. I wish I lived in Maine so I could vote for you for governor.
First: no one who has never served an active tour of duty in one of the regular armed forces is to be listened to for any reason. They have no experience in the matter and lack credibility.
Second: follow the directive of the first.
Strip them of the US citizenship or throw them in a prison
Waddayagonnado about connivin’ politicians? Can’t live with them. Can’t eat ’em. They are like flies and cockroaches…with us forever!
Democrats are losers and have nothing to offer America. Just think of the reaction of democrats if this would of happened under the Biden residency concerning the woke military from republicans. There would have been he$$ to pay from he$$ itself. These democrat/communist politicians have no future in American politics. Americans can now see what these scum bags represent.