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Washington Democrat says he believes Trump issued illegal orders to the military

By Lindsay Kornick

Published November 26, 2025

Fox News
Democratic Rep. Adam Smith says Trump has issued illegal military orders Video

Rep. Adam Smith, D-Wash., told "CNN News Central" Wednesday he believes President Donald Trump has issued illegal military orders when asked about a recent video from members of his party.

Six Democratic lawmakers appeared in a video last week urging service members to "refuse illegal orders" from Trump, though the video did not specify any direct orders from the president. In response, the Department of War announced Monday that it would launch a formal review into Sen. Mark Kelly, D-Ariz., who appeared in the video.

Smith denounced the Trump administration for pursuing Kelly for what he described as protected political speech, prompting CNN host Boris Sanchez to ask whether he believed Trump had issued illegal orders as the video implied.

DEPUTY AG BLASTS DEMOCRATS' 'ABHORRENT' VIDEO URGING TROOPS TO 'REFUSE ILLEGAL ORDERS'

Rep. Adam Smith

Rep. Adam Smith, D-Wash., spoke out against the Trump administration's response to a video featuring six Democratic lawmakers calling for service members to "refuse illegal orders." (Tom Williams/CQ-Roll Call, Inc via Getty Images)

"Yes, I do," Smith said. "But, more to the point on the video, I mean, why can’t an elected representative express that opinion? It’s an opinion that’s been expressed many times over many conflicts. Yeah, I think the order to blow up those boats in the Caribbean without any, you know, actual probable cause, national security justification or any declaration of war or armed conflict by the U.S. Congress, I think it is illegal. That’s a legitimate opinion to hold, and it’s a legitimate opinion to express.

"It should not face the threat of legal action if you exercise your First Amendment rights, especially the six who are elected representatives of the people. They actually have an obligation to stand up for what they believe in to do their jobs as elected representatives."

RUBEN GALLEGO WARNS MILITARY 'THERE WILL BE CONSEQUENCES' GOING AFTER CONGRESSMEMBERS ONCE TRUMP IS GONE

Sen. Mark Kelly walks through the Dirksen Senate Office Building in Washington, D.C.

Sen. Mark Kelly, D-Ariz., is being reviewed by the Department of War over his role in the video. (Tom Williams/CQ-Roll Call, Inc via Getty Images)

Smith also called the War Department's actions against Kelly a "threat to everybody" and compared them to the actions of a "totalitarian government."

Fox News Digital reached out to Smith's office and the Department of War for comment.

ERIC SWALWELL SAYS MILITARY CAN BE A 'CHECK' ON DONALD TRUMP TO 'SAVE US'

While Smith said he believed Trump has issued illegal orders, Sen. Elissa Slotkin, D-Mich., who appeared with Kelly in the video, told ABC's "This Week" on Sunday she was "not aware" of any illegal military orders from the president.

Senator Elissa Slotkin with American flags in the background

Michigan Sen. Elissa Slotkin previously told ABC's "This Week" she wasn't aware of any illegal military orders from President Donald Trump. (Paul Sancya/Pool/Getty Images)

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"To my knowledge, I am not aware of things that are illegal, but certainly there are some legal gymnastics that are going on with these Caribbean strikes and everything related to Venezuela," Slotkin responded.

Lindsay Kornick is an associate editor for Fox News Digital. Story tips can be sent to lindsay.kornick@fox.com and on Twitter: @lmkornick.

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