National Security Leaders for America Statement on Lawful Orders

November 25, 2025

Washington, DC — National Security Leaders for America (NSL4A) reaffirms a foundational principle of American democracy: every member of the U.S. military, enlisted and officer, swears an oath to support and defend the Constitution above all else. This constitutional allegiance—and the duty to follow only lawful orders—is the bedrock of our civil–military tradition. 

All service members are trained on clear “red-line” prohibitions, including the unlawful use of force against unarmed civilians, the abuse of detainees, or participation in criminal conduct. Orders that are patently or manifestly unlawful must be refused, regardless of rank or circumstance.

Many operational decisions are legally and strategically complex. Those at the tactical level may lack full intelligence, classified context, or access to legal deliberations, which is why the system relies on senior commanders—advised by JAGs and General Counsel but ultimately accountable themselves—to rigorously assess the legality of orders before issuing them, a process NSL4A’s former senior officials, Judge Advocates, and Flag and General officers have directly participated in at the highest levels. In those cases, service members must trust their chain of command. These senior military commanders have the obligation to honor their oaths and assess the legality of all orders before transmitting them to their subordinates.  Senior command officers must fulfill their responsibility to ensure that their orders do not require their subordinate officers and enlisted personnel to engage in unlawful actions.

Members of Congress, protected by the First Amendment and the Constitutional speech and debate clause protection for members of Congress, have both the right and responsibility to affirm that Americans value the service of those in uniform and support their duty to follow only lawful orders—a message that applies to those facing potential “red-line” situations as well as to senior leaders charged with speaking truth to power, and one for which no military retiree in modern U.S. history, including Senator Mark Kelly acting in his official capacity, has ever been recalled or punished.

American democracy depends on a military that follows lawful orders, resists unlawful ones, and remains firmly above politics. NSL4A remains committed to reinforcing these enduring civil–military norms through experience-based, non-partisan expertise.