Rep. Eric Swalwell, D-Calif., said this week that some U.S. service members have told him they believe they can act as a safeguard if they encounter what they view as unlawful presidential directives.
Swalwell, who is running for governor of California, made the remarks during an interview on Don Lemon's podcast while discussing a recent video released by six Democrat lawmakers.
In the video, the lawmakers — several of whom have military or intelligence backgrounds — tell service members that U.S. law permits them to refuse "illegal orders."
One of the lawmakers featured, Sen. Mark Kelly, D-Ariz., is still subject to the Uniform Code of Military Justice (UCMJ) as a retired Navy captain. The Department of War has confirmed it is reviewing Kelly's participation in the video.
Swalwell defended Kelly's comments, saying he believed the scrutiny suggested the administration was 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 pushed back, saying there are no examples of illegal orders issued by President Donald Trump, and that encouraging members of the 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 additional attention to the broader dispute over the messaging to service members and the ongoing review of Kelly's role.
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