Editorial: It's Trump -- not service members -- who could benefit from a reminder about following the law

The Philadelphia Inquirer Editorial Board, The Philadelphia Inquirer on Dec 3, 2025

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Six lawmakers, including two from Pennsylvania, had good reason to remind military members not to follow unlawful orders, given President Donald Trump’s illicit history and recent actions, such as sending federal troops into cities and boat strikes that violate international law.

The six Democrats, who either served in the military or the intelligence community, posted a short video telling their former counterparts that “no one has to carry out orders that violate the law or our Constitution.”

Right on cue, Trump responded with a fury of unhinged social media posts calling for the lawmakers to be jailed or executed.

“Each one of these traitors to our Country should be ARRESTED AND PUT ON TRIAL,” Trump wrote. He followed that with: “SEDITIOUS BEHAVIOR FROM TRAITORS!!! LOCK THEM UP???” He escalated in yet another post: “SEDITIOUS BEHAVIOR, punishable by DEATH!”

Trump later claimed he was not calling for members of Congress to be put to death — though his words plainly suggested otherwise.

When he isn’t lying, Trump’s abhorrent rhetoric over the past decade has become so routine that it barely causes a stir. (See: his recent outburst telling a reporter, “Quiet, piggy!” and shameful defense of Saudi Crown Prince Mohammed bin Salman, who authorized the vile murder of a journalist.)

Given Trump’s record of abusing his power, the members of Congress were right to sound the alarm.

In his previous term, Trump incited a violent insurrection at the U.S. Capitol. Let’s not forget he is a convicted felon who was criminally indicted three other times.

Trump was also impeached twice in his first term. Since his return, he has committed as many as eight impeachable offenses, according to legal scholars.

Trump’s first year back in office has been marked by relentless abuses. A federal judge said his attempt to eliminate birthright citizenship was “blatantly unconstitutional.” (The U.S. Supreme Court is weighing whether to take it up.)

Trump’s pardon of more than 1,500 insurrectionists, including nearly 200 who assaulted police officers, rewarded lawbreakers. Other steps to freeze foreign aid, fire federal workers, send troops into cities, and deport migrants have faced more than 100 legal challenges and strong rebukes from judges.

The Republicans who control Congress have done nothing to stop Trump’s abuses, let alone investigate whether he has used the presidency to enrich himself.

Likewise, the unqualified loyalists overseeing the various government departments do whatever Trump demands. See: Attorney General Pam Bondi’s willingness to fire career prosecutors and go after Trump’s perceived political enemies.

Former Defense Secretary Mark Esper ignored Trump’s suggestion to shoot demonstrators following the death of George Floyd. Does anyone trust Pete Hegseth — a former weekend Fox News host who has faced allegations of financial mismanagement, sexist behavior, and excessive drinking — to show similar restraint?

That explains why the members of Congress urged service members to follow their constitutional oath — and not any unlawful orders.

Trump’s response to jail and kill elected officials is especially irresponsible given the rise in political violence, including murders of state lawmakers, a judge, and far-right podcaster Charlie Kirk. Not to mention the attack on former House Speaker Nancy Pelosi’s husband, the firebombing of the Pennsylvania governor’s mansion, and the attack on Trump’s own life.

After the president targeted the six Democrats, Pennsylvania Reps. Chrissy Houlahan and Chris Deluzio received bomb threats at their offices. Michigan Sen. Elissa Slotkin received a similar threat at her home.

Meanwhile, House Speaker Mike Johnson, R.-La., deflected Trump’s outrageous behavior by claiming it was “wildly inappropriate” for Democrats to urge troops not to follow the chain of command.

But that was not what the six legislators did. They reminded military members not to follow unlawful orders in accordance with Article 92 of the Uniform Code of Military Justice.

For example, the legality of Trump’s boat strikes — which have killed more than 80 people — is dubious.

A secret U.S. Department of Justice memo reportedly blessed the strikes by claiming the U.S. is in an armed conflict with drug cartels. But members of Congress from both parties argue it is illegal to target civilians — even suspected criminals — who do not pose an imminent threat. The United Nations’ human rights chief said the strikes violated international law.

As such, legal experts said if the strikes are found to be illegal, a defense by military officials of “just following orders” may not hold up in court.

Of course, Trump is shielded from prosecution thanks to a Supreme Court ruling last year that placed presidents above the law.

The same cannot be said for those who do Trump’s bidding.

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