An open letter to the U.S. Congress

Defend Service Members' Right to Refuse Unlawful Orders

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I am writing to express my deep concern over recent statements made by Donald Trump and his aide Stephen Miller regarding the actions of several members of Congress who are military veterans. These lawmakers, including Senators Elissa Slotkin and Mark Kelly, and Representatives Jason Crow, Maggie Goodlander, Chris Deluzio, and Chrissy Houlahan, recently posted a video reminding service members of their right and duty to refuse unlawful orders. This message is not seditious; it is a fundamental principle of U.S. and international military law. Article 92 of the Uniform Code of Military Justice explicitly states that service members have both the right and the obligation to disobey orders that are "patently illegal" or "manifestly unlawful." This is a cornerstone of our military's ethical conduct and a safeguard against potential abuses of power. The statements made by these congressional members are not only protected under the First Amendment but also align with their duties as lawmakers and veterans to uphold the Constitution. It is crucial to note that the United States has no current laws criminalizing speech as sedition. Members of Congress enjoy broad immunity for their official acts. The accusation that these lawmakers' actions are punishable by death is not only false but also dangerously inflammatory. Even seditious conspiracy, which this clearly is not, carries a maximum sentence of 20 years imprisonment, not capital punishment. I urge you to use your proximity to Trump and Miller to remind them of these facts. It's worth noting that both have never served in the military, and one is an alleged draft dodger. Their lack of military experience may contribute to their misunderstanding of these crucial principles that govern our armed forces. Given their past behavior, it is more likely that they want us to forget so they can bastardize the Constitution and law further. Please take immediate action to correct this misinformation and defend the right of service members to refuse unlawful orders. It is particularly important to address this issue given the concerns raised about potential misuse of military power, as highlighted by Rep. Jason Crow. As an elected official, it is your duty to protect the principles that underpin our democracy and the integrity of our armed forces. I request that you work with your colleagues to ensure that our military personnel are fully educated about their rights and responsibilities under the Uniform Code of Military Justice. Our service members deserve clear guidance and support in upholding their oaths to the Constitution, especially in these politically charged times. Your action on this matter is not just about correcting a misstatement; it's about preserving the ethical foundation of our military and the rule of law in our democracy

▶ Created on November 20 by Hold Your Officials Accountable

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