What did Donald Trump do today?
He made an empty threat to have his political enemies killed.
Earlier this week, six Democratic members of Congress who have served in the military or intelligence services posted a video. They reminded servicemembers that they have sworn an oath requiring them to refuse to obey unlawful orders, and urged them to "stand up" for themselves and the Constitution.
As a legal matter, this is correct: anyone serving in the United States military or as a federal agent not only may refuse an illegal order, but is committing a crime if they don't.
The video didn't mention Trump by name, but it's clear he was its target. One of the first things Trump did on returning to office was to purge the senior officers who serve as the military's legal branch and strip the chain of command of any ability to advise on the legality of his actions. These have included threats to invoke the Insurrection Act to deploy the military against American citizens directly—something a JAG officer would likely say was illegal, as no part of the country is in open rebellion against the government.
Trump, who dodged the Vietnam War draft, has also made attempts—not to say particularly successful ones—to demand the personal loyalty of the military leadership. American military personnel swear an oath to the Constitution, not the president or Trump personally.
Trump, who is a convicted felon, responded to the video this morning on his private social media network by calling it "SEDITIOUS BEHAVIOR, punishable by DEATH!" among other threats. He also reposted followers who urged him to have the Senators and Representatives in the video killed.
It is not sedition, or in any way illegal, to accurately summarize the Uniform Code of Military Justice that Trump is sworn to uphold. It is sedition to "conspire to overthrow, put down, or to destroy by force the Government of the United States… or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States," although in the January 6th case against Trump, he was indicted under slightly different charges. (Those charges remain "live" against Trump if he leaves office for any reason, although he would probably have to be re-indicted.)
Sen. Elissa Slotkin (D-MI), one of the lawmakers in the video, responded later in the day to Trump's threats.
Why does this matter?
- There's a reason the United States military doesn't accept "I was just following orders" as an excuse for breaking the law.
- Making empty threats to kill people who oppose him just makes Trump look weak.
- The United States Armed Forces are bound by their oath and honor to serve the people of the United States and the Constitution, not Donald Trump.