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Video resurfaces of Pete Hegseth telling military not to follow illegal orders

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https://www.newsweek.com/video-pete-hegseth-telling-military-not-follow-illegal-orders-resurfaces-11146747
A video of Defense Secretary Pete Hegseth publicly saying there must be "consequences" for carrying out unlawful orders has resurfaced as the Pentagon battles six Democratic lawmakers who urged U.S. service personnel not to follow illegal directives.

"If you're doing something that is just completely unlawful and ruthless, then there is a consequence for that," Hegseth said in the clip from a talk the now-Pentagon chief gave at a conservative forum in 2016.

"That’s why the military said it won't follow unlawful orders from their commander-in-chief."

Why It Matters

Hegseth has attacked six Democrats for a video they published last month. Senators Elissa Slotkin and Mark Kelly appeared in the clip alongside Representatives Maggie Goodlander, Chris Deluzio, Chrissy Houlahan and Jason Crow to urge active service members to disregard any illegal orders handed down from the commander-in-chief.

President Donald Trump accused the lawmakers of "seditious behavior" and Hegseth called the video "despicable, reckless, and false." In a separate statement, the Pentagon said last month it was launching an investigation into Kelly, a retired Navy captain, under the Uniform Code of Military Justice (UCMJ).

The UCMJ is federal criminal law that applies to service members around the world. The Pentagon said it could recall Kelly to active duty for a court-martial under the UCMJ.

Under military law, service members are obligated to obey lawful orders, but to disobey unlawful orders. The UCMJ does not protect soldiers who carry out unlawful orders simply on the basis that they were following directives from above. The Nuremburg Trials in the wake of World War II cemented that this cannot be used as an automatic defense.