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DENVER — This week, Colorado Congressman Jason Crow — a former Army ranger and paratrooper — joined other Democrats on Capitol Hill who served in the military or national security roles to send a message to those currently serving.
“You must refuse illegal orders,” they said in the video that quickly went viral. “No one has to carry out orders that violate the law or our Constitution.”
The video does not specify any illegal orders being given, but suggests they could come from the Trump administration.
In an interview with Fox News, Crow referenced the president’s alleged comments inquiring about shooting protesters, or the idea to deploy troops to polling places, as examples of possible unlawful orders to resist.
President Trump condemned the video on social media, calling it “seditious behavior punishable by death.”
Crow responded, saying “I’m not going to be intimidated. I’m not going to be threatened. I took an oath to the Constitution.”
But Friday, Crow posted on social media audio of graphic death threats he says were sent to him this week in response to the video.
In one of them, a person says in an audio recording, “You disgraced America, and I pray you die today, but not before your family does. I pray they die a painful death.”
“All Americans must condemn this political violence,” Crow wrote in the post.
Military Defense Lawyer Weighs In
As the backlash turns ugly, Denver7 spoke with a military defense attorney about the video and response.
Joseph Jordan served in the U.S. Army as a soldier, officer and judge advocate. He founded his law firm in 2011 and specializes in defending service members under investigation.
“Frankly, I think both sides are acting extraordinarily immature,” Jordan said of the political rhetoric around the issue.
Jordan, however, argues the Democrats’ decision to initially put out the video was “dangerous” and “irresponsible.”
“They are directly affecting good order and discipline in a very adverse way,” he said. “We spend an exorbitant amount of time teaching service members on what is lawful and what isn’t.”
The Uniform Code of Military Justice (UCMJ) outlines rules and regulations for service members. It says service members must obey orders, unless they are “patently illegal,” such as one that “directs the commission of a crime.”
The code also bans orders that “without such a valid military purpose, interfere with private rights or personal affairs.”
But the code says those who disobey orders risk facing a court martial, and that a military judge is the one to decide if an order is lawful or not.
“Lawful orders are determined by law through an objective standard, not a subjective standard,” Jordan told Denver7. “You have to execute the orders that are given to you, and those orders are lawful. And there’s a very limited amount of time when they’re not.”
Jordan sees the Trump administration’s current use of the military as lawful, and, “If you don’t think it should be lawful, then you need to get out and vote and change it.”
That being said, Jordan does not want the military to be used as a “political instrument” by either party.
“They’re politicizing the military, and they need to stop,” he said.
Denver7 | Your Voice: Get in touch with Ryan Fish
Denver7’s Ryan Fish covers stories that have an impact in all of Colorado’s communities, but specializes in covering artificial intelligence, technology, aviation and space. If you’d like to get in touch with Ryan, fill out the form below to send him an email.
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