The Brian Lehrer Show Sen. Mark Kelly’s ‘Illegal Orders’ Warning and the Pentagon’s Response
Dec 2, 2025
Zach Cohen, a CNN national security reporter, joins to discuss Senator Mark Kelly's bold stance on refusing illegal orders during military service. The Pentagon's decision to investigate Kelly's comments raises eyebrows, especially given the ongoing scrutiny around U.S. military operations. Cohen elaborates on the risks service members face when resisting orders, the implications of recent strikes on drug boats, and Secretary Pete Hegseth's controversial tactics. Tensions rise as legal and ethical dilemmas unfold within the military landscape.
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Veterans Urge Duty To Refuse Illegal Orders
- Democratic veterans in Congress urged service members to refuse illegal orders to protect the Constitution.
- They framed refusal as a duty rooted in the oath to defend the Constitution, not partisanship.
Administration's Legal Rationale Echoes War-On-Terror
- The administration relies on a classified DOJ opinion treating suspected drug traffickers as enemy combatants.
- That legal framework echoes the war-on-terror rationale and raises broad questions about due process and justification.
Judge Advocate Questions 'Double Tap' Legality
- A judge advocate caller said LOAC principles make the Caribbean strikes hard to justify.
- He emphasized that 'double tapping' survivors would violate the law of armed conflict.