1A 'If You Can Keep It': Trump And Matters Of Military Law
Dec 8, 2025
Frank Rosenblatt, a retired Army lieutenant colonel and military law expert, Dan Maurer, a law professor and former judge advocate, and Colby Vokey, a civilian defense lawyer and ex-Marine Corps judge advocate, delve into pressing military law issues. They discuss the legality of recent Pentagon boat strikes and the deployment of the National Guard under Trump. The panel examines immunity orders, the distinction between lawful and unlawful orders, and the impact of pressure on troops. They also address the implications of a controversial congressional video urging troops to refuse illegal orders.
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Boat Strikes Spark Legal Doubts
- The Pentagon has carried out strikes on suspected drug boats, raising legal questions about their authority.
- Experts and members of Congress doubt the administration's legal basis and raised concerns about National Guard deployments.
Terror Label Doesn't Create Legal Authority
- The administration appears not to rely on clear statutory authority for lethal strikes and instead rhetorically designates targets as terrorists.
- Labeling groups as "narco-terrorists" doesn't itself grant legal authority to use lethal force overseas.
Call For Legal Counsel When Orders Shift
- Service members should seek legal counsel when orders change mission paradigms or raise doubts.
- The Orders Project connects troops with experienced military lawyers to answer legality questions.