The Truth about the UCMJ and Unlawful Orders

Trump's threats against veteran lawmakers is an attack on the Constitution itself.

Illustration by Riley Levine

When you raise your right hand and swear to defend the Constitution, pledging your loyalty to a document as you embark on service to your country, you’re still a civilian – naive, telling yourself you’re prepared, but never truly ready. Many do it because they crave the discipline they’re about to get. Others because they need to escape from a death-trap small town. Some out of pride and service. But all are kept in line by the Uniform Code of Military Justice.

During basic training you learn drill and ceremony, customs and courtesies, and then the governing doctrine of U.S. military life: the UCMJ. It is the word of the military gods, enforced from E-1 all the way to the Chairman of the Joint Chiefs. It is hammered into you as gospel, with the unnamed threat that deviation might end any semblance of a normal life.

The UCMJ covers everything: how your hair must be cut and tapered, the precise location (down to an eighth of an inch) your ribbons have to be in relation to your nameplate, the tilt of your boots, the tone of your voice. Every infraction has consequences. On-the-spot corrections when your uniform is out of order… court-martial and life imprisonment for grave misconduct. Details so minute a civilian might laugh: wearing unauthorized insignia, indecent language while in uniform, straggling behind formation. Article 134 – the so-called “Devil’s Article” – defines “straggling” as “to wander away. To stray or become separated from. Or to lag or linger behind.”

That’s right – you can be prosecuted if, as a lowly private, your section chief thinks you aren’t keeping up. They can strip your rank. They can take your pay. They can hand out extra duty where you are cleaning latrines until 11:59 pm every night and still carrying out PT at 6:30 and working your regular day. They can build a separation packet for unsatisfactory performance. In short, the UCMJ can make your life a living hell if you don’t adhere to the customs and standards of the United States military.

While I was stationed at Fort Wainwright, Alaska, a first sergeant in our battalion deemed himself the bearer of all standards – convinced the Army was overrun with “soft people” and “weak bodies” whom he needed to filter out. His weapon of choice: Article 92 of the UCMJ – “Failure to Adapt.” A barracks room not up to standard? Article 92 on the separation packet. Late to formation? Article 92.

Do you see where I’m going with this?

There is nothing more serious to a service member – soldier, airman, marine, sailor – than the UCMJ. It dictates every action you take as either legal or illegal.

“Private, go fetch a case of liquor – the First Sergeant’s off today and we’re having a party with the female lieutenants?”

“I’m sorry, Sergeant. I’m not risking that. It’s technically an illegal order.”

It’s that simple. The UCMJ is built on the understanding that you must obey lawful orders – but you also must refuse orders that are clearly unlawful. Don’t want a dishonorable discharge? Don’t carry out an order you know is illegal. Don’t want command breathing down your neck? Don’t follow an order that violates law or constitution.

And so when the president of the United States implies that a video made by lawmakers reminding service members of exactly that – their duty to disobey unlawful orders – is punishable “by death,” it sends a cold wave through veterans and uniformed personnel alike.

Earlier this month, six Democratic lawmakers – all of them veterans or former intelligence community officers: Senators Elissa Slotkin of Michigan and Mark Kelly Arizona, and Representatives Jason Crow of Colorado, Chrissy Houlahan of Pennsylvania, Maggie Goodlander of New Hampshire and Chris Deluzio of Pennsylvania – released a 90-second video aimed at military and intelligence personnel. They told them:

“We know you are under enormous stress and pressure right now. Americans trust their military. But that trust is at risk. Our laws are clear: You can refuse illegal orders. You must refuse illegal orders.”

They asserted that the regime was “pitting our uniformed military and intelligence community professionals against American citizens,” and asked them: “Don’t give up the ship.”

The response? President Trump posted on Truth Social:

“This is really bad, and Dangerous to our Country. Their words cannot be allowed to stand. SEDITIOUS BEHAVIOR FROM TRAITORS!!! LOCK THEM UP???”

“SEDITIOUS BEHAVIOR punishable by DEATH!”

This is a man who never wore a uniform, who repeatedly dodged the draft during Vietnam, who knows nothing of the minute-to-minute obedience, the sweat, the threat of UCMJ hanging over you. Yet he asserts that reminding troops of their duty to the Constitution is “traitorous.”

No, Mr. President. The truly seditious behavior comes from those who hold gilded state dinners with murderous regimes while your people struggle to afford Thanksgiving dinner. The traitors are in your cabinet, waiting for you to fail so they can install their next puppet. The traitors are those robbing taxpayers blind while shipping billions abroad and ignoring service members at home.

The only sedition we see here is your own.

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