Swalwell Discusses Military Members’ Ability to Check Unlawful Presidential Directives

Rep. Eric Swalwell, D-Calif., stated this week that some U.S. service members informed him they could serve as a safeguard when facing what they perceive as unlawful presidential directives. During an interview on Don Lemon’s podcast, Swalwell discussed a recent video featuring six Democrat lawmakers, including those with military or intelligence backgrounds, who urged service members to refuse “illegal orders.” Sen. Mark Kelly, D-Ariz., a retired Navy captain, is subject to the Uniform Code of Military Justice (UCMJ) and the Department of War is reviewing his participation in the video. Swalwell defended Kelly’s comments, noting that the scrutiny suggests the administration is sensitive to concerns about the legality of potential orders. “What gives me hope,” Swalwell said, “is service members telling me that while Congress is not a check on the president anymore, and the judiciary is hardly a check, military members have told me, ‘We can be a check.'” Administration officials countered that no examples of illegal orders issued by President Donald Trump exist, and encouraging military to oppose the commander in chief would undermine the chain of command. Vice President JD Vance said in a post on X that because no illegal orders have been identified, urging troops to disregard presidential directives could itself be improper. “If the president hasn’t issued illegal orders, then members of Congress telling the military to defy the president is by definition illegal,” Vance wrote. Swalwell was not part of the group of six lawmakers in the video, but his comments have drawn attention to the broader dispute over messaging to service members and the ongoing review of Kelly’s role.

Title: Military Members Can Act as Safeguard, Says Swalwell Amid Dispute Over Illegal Orders