I have been called to testify at courts-martial as an expert witness on servicemembers’ duty to disobey unlawful orders.

The Rules for Courts-Martial states that an order is lawful “unless it is contrary to the Constitution, the laws of the United States, or lawful superior orders or for some other reason is beyond the authority of the official issuing it.” This means that illegal orders need not be followed.

Democratic Sen. Mark Kelly, a retired U.S. Navy pilot, is now being investigated by Pentagon officials for telling soldiers to follow the law.

Sen. Elissa Slotkin of Michigan revealed on Tuesday that the FBI’s counterterrorism division sent a note that “appeared to open an inquiry into me in response to a video President Trump did not like.”

Why the administration has responded so hysterically to this ad is obvious. Trump and Hegseth do not merely believe that they should be free to give illegal orders and that the rank and file should have to follow them. They are also keen to use the power of the state to suppress political dissent.

Defense Secretary Pete Hegseth has said Sen. Mark Kelly (D-Ariz.) is still subject to military law, “and he knows that.”

Lawmakers warn troops that refusing unlawful commands is their duty as Trump escalates threats and expands unauthorized military actions.