Does the President Want to Execute Members of Congress?

“Does the President want to execute members of Congress?”

This question was posed to Press Secretary Leavitt yesterday.  It is an absolutely shocking question to be asked at the White House, and it is even more shocking that it is a legitimate question.

I invite civil, bipartisan discussion on this post.

Earlier this week, a group of lawmakers posted a video asking members of the American military and intelligence to disobey any illegal orders.

It is part of the Manual for Courts Martial (Page IV-24, which is 334 of the PDF) , stating that an order must be inferred as lawful, but that such inference “does not apply to a patently illegal order, such as one that directs the commission of a crime.”  Moreover, in 1804 the Supreme Court ruled in Little v. Barreme that orders given cannot “legalize an act without which without those instructions would have been a plain trespass.”

In direct response to their video, President Trump shared a Washington Examiner article on his Truth Social account and suggested this is seditious behavior, the people doing it are traitors, and they should be locked up.  He also shared numerous social media posts, including one calling for them to be hanged.

The full answer to the question from Secretary Leavitt, which can be seen here, is this:

No. Many in this room want to talk about the president’s response, but not what brought the president to responding in this way.  To suggest and encourage that active duty service members defy the chain of command is a very dangerous thing for sitting members of Congress to do and they should be held accountable.  And that’s what the president wants to see.”

 

Many are suggesting this comment clarifies the President’s position, but it is worth noting that all the posts shared here are still up on his Truth Social Account and he has not made any comments on the matter directly.

Whether the video made by the democratic lawmakers was advisable, or insinuated that President Trump has been giving unlawful orders is debatable, though it is worth a reminder that when asked about the legality of striking boats in the Caribbean Sea and Pacific Ocean, Vice President Vance himself simply stated, “I don’t give a shit”.

What is not debatable is that the lawmakers in question only reiterated that our service members should not follow orders that are illegal, which is standard practice.  In fact, the Supreme Court explicitly stated in Little v. Barreme, “the instructions cannot change the nature of the transaction, or legalize an act which without those instructions would have been a plain trespass.”

It can hardly be considered sedition or treason to suggest our service members follow the law.  Suggesting lawmakers be executed for such statements is bewildering.

I remain shocked that we have come to the point where asking the question, “Does the President want to execute members of Congress?” is a legitimate question.

 

 

 

Sources:

Sen. Elissa Slotkin on X: “We want to speak directly to members of the Military and the Intelligence Community. The American people need you to stand up for our laws and our Constitution. Don’t give up the ship. https://t.co/N8lW0EpQ7r” / X

Democratic lawmakers urge troops to disobey illegal orders | CNN Politics

MCM (2024 ed) – TOC no index.pdf

Little v. Barreme – Wikipedia

Dem veterans in Congress urge service members to refuse unlawful orders

https://www.independent.co.uk/news/world/americas/us-politics/trump-arrest-democrats-troops-illegal-orders-b2869176.html

Trump Boosts Message Calling For Executing Democrats In Congress | HuffPost Latest News

Video | Facebook

White House defends Donald Trump remarks, says he does not want member of Congress executed

Trump calls video by Democratic veterans in Congress ‘seditious behavior’ : NPR

Donald J. Trump (@realDonaldTrump) | Truth Social

U.S. strikes on alleged drug boats: What we know : NPR

JD Vance blasts Trump critic in cartel killings debate: ‘I don’t give a s—‘ | Fox News

LITTLE v. BARREME, 6 U.S. 170 (1804) | FindLaw