President Trump has been quite upset over six Democratic legislators telling members of the military that they have to refuse illegal orders, calling the lawmakers seditious and saying their statements are “punishable by DEATH.”
But as it turns out, Attorney General Pam Bondi has said the same thing.
Last year, as a lawyer for the America First Policy Institute, a conservative think tank, Bondi filed a brief with the Supreme Court writing, “Military officers are required not to carry out unlawful orders.”
“The military would not carry out a patently unlawful order from the president to kill nonmilitary targets. Indeed, service members are required not to do so,” Bondi wrote in the brief, filed to support Trump in his effort to convince the Supreme Court to grant him immunity from prosecution on charges of trying to overturn the 2020 election.
Bondi was in fact trying to cover for one of Trump’s lawyers in January 2024, who was asked by Judge Florence Y. Pan in federal appeals court, “Could a president who ordered SEAL Team 6 to assassinate a political rival, who was not impeached, would he be subject to criminal prosecution?”
D. John Sauer, who is now Trump’s solicitor general, said no, seeming to hurt his case. Bondi’s friend-of-the-court-brief was meant to cover for Sauer by arguing that Pan’s hypothetical question wasn’t realistic because military officers would disobey such an order.
“A president cannot order an elite military unit to kill a political rival, and the members of the military are required not to carry out such an unlawful order,” Bondi wrote in her brief. “It would be a crime to do so.”
When the case reached the Supreme Court, conservative Justice Samuel Alito agreed.
“I don’t want to slander SEAL Team 6,” Alito said to laughter in the courtroom. “Because they’re—no, seriously, they’re honorable. They’re honorable officers, and they are bound by the Uniform Code of Military Justice not to obey unlawful orders.”
While the president won his immunity case, the six Democrats have been targeted by Trump’s supporters with violent threats and unrelenting attacks from the White House. And Bondi is not the only administration official who has affirmed that the military should disobey illegal orders—Secretary of Defense Pete Hegseth is on video saying the same thing in 2016. But to this administration, Trump can’t break the law, only the people who disobey him do.
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