Air Force General Dan Caine, the chairman of the Joint Chiefs of Staff under President Donald Trump, reportedly sought legal counsel about how senior military leaders should respond if they receive an unlawful order from higher-ups.
Gen. Caine raised the question in November with Brigadier General Eric Widmar, the legal adviser to the Joint Chiefs. An anonymous source told CNN that Widmar allegedly responded that a commander should consider seeking retirement rather than explicitly protesting or trying to be fired in defiance.
Widmar also suggested commanders should consult with counsel when they are unsure whether an order violates the law. Concerns about the legality of American military action have been raised after numerous airstrikes were launched on small boats coming out of Venezuela, allegedly carrying illegal drugs.
The interaction came following the release of a short video in November by six Democratic members of Congress, all of whom have military service or national security backgrounds. In the clip, titled "Don't Give Up the Ship," the lawmakers directly addressed U.S. service members and intelligence personnel, urging them that they can and must refuse illegal orders.
"We know you are under enormous stress and pressure right now," said Sen. Mark Kelly in the video, which generated millions of views on social media. "Our laws are clear: You can refuse illegal orders. You must refuse illegal orders. No one has to carry out orders that violate the law or our Constitution."
Sen. Elissa Slotkin of Michigan and Representatives Jason Crow of Colorado, Chrissy Houlahan and Chris Deluzio of Pennsylvania, and Maggie Goodlander of New Hampshire joined Kelly in the message. Their appeal cited Article 92 of the Uniform Code of Military Justice, which requires service members to obey lawful orders and disobey those that are manifestly unlawful.
The video prompted swift reactions from conservative and administration officials. Trump posted on social media that the lawmakers' message was "seditious behavior, punishable by death," and called for them to be arrested. Defense Secretary Pete Hegseth's office escalated a Pentagon review of Sen. Kelly's participation, elevating it to a formal command investigation under the Uniform Code of Military Justice.
A former senior defense official who left the Pentagon this year told CNN that "A commissioned officer has every right to say, 'this is wrong,' and shouldn't be expected to quietly and silently walk away just because they're given a free pass to do so." Regarding Widmar's advice, the same anonymous official said, "It's a very safe recommendation in this current political environment, but that doesn't make it the right or ethical one."
