Hegseth Faces Backlash: 'Unlawful Orders' Stance
Pete Hegseth speaking with attendees at the 2021 Student Action Summit hosted by Turning Point USA at the Tampa Convention Center in Tampa, Florida. Photo courtesy of Gage Skidmore under CC BY-SA 2.0.
Pete Hegseth's 2016 warning to U.S. service members about refusing unlawful orders has resurfaced at a politically charged moment, casting a spotlight on the Pentagon chief's shifting stance. Back then, as a Fox News contributor, Hegseth was clear: the military had a duty to reject illegal commands from any commander in chief, including then-presidential candidate Donald Trump. Today, as Defense Secretary, Hegseth condemns lawmakers who recently urged troops to resist unlawful orders, igniting a fierce debate over military obedience and political loyalty.
A 2016 Warning Echoes Loudly Today
At a conservative forum in 2016, Pete Hegseth stated plainly that U.S. military personnel "won't follow unlawful orders" and emphasized the obligation to refuse illegal commands, as reported by The Guardian. This was in direct response to Donald Trump's campaign rhetoric, which included controversial promises such as killing terrorists' families and reviving banned torture techniques. Hegseth said the military would not carry out such illegal orders and warned of consequences for those who did.
Later that month, Hegseth reiterated this position on Fox Business, underscoring the military's ethical standards and legal responsibilities. He cautioned that blindly following unlawful orders could lead to criminal consequences for service members. "Here's the problem with Trump," Hegseth said on the Megyn Kelly show, "He says: 'Go ahead and kill the family. Go ahead and torture. Go ahead and go further than waterboarding.' What happens when people follow those orders, or don't follow them? It's not clear that Donald Trump will have their back," as reported by The Guardian.
The Shift: From Advocate to Accuser
Fast forward to recent months, and the tone has dramatically changed. Hegseth now leads the Pentagon and has publicly attacked six Democratic lawmakers — Senators Mark Kelly and Elissa Slotkin, and Representatives Maggie Goodlander, Chris Deluzio, Chrissy Houlahan, and Jason Crow — who released a video urging military personnel to refuse illegal orders from the Trump administration. Hegseth labeled their message "despicable, reckless, and false," as reported by Newsweek, and launched an investigation into Senator Kelly under the Uniform Code of Military Justice (UCMJ), which could lead to a court-martial.
The lawmakers' video stressed that service members "can refuse illegal orders, you must refuse illegal orders," as reported by Newsweek, reinforcing a principle long embedded in military law and international norms since the Nuremberg Trials. Yet, Hegseth's current stance dismisses their call as a politically motivated attempt to sow distrust within the armed forces. Pentagon spokesperson Kingsley Wilson echoed this, asserting that the orders under President Trump are lawful and accusing the Democrats of undermining the chain of command, as reported by TIME.
The Political and Legal Stakes
This controversy unfolds amid heightened scrutiny of U.S. military actions, particularly a series of strikes on alleged drug trafficking vessels in the Caribbean and eastern Pacific. These operations, overseen by U.S. Special Operations Command, have reportedly resulted in over 80 deaths, including survivors of initial attacks, raising questions about legality and adherence to international law. Critics argue these strikes amount to extrajudicial killings, as drug smuggling is not a capital offense and requires due process.
Hegseth has defended the strikes vigorously, comparing suspected drug smugglers to terrorists and asserting that President Trump has the authority to take "decisive military action as he sees fit," as reported by The Guardian. He dismissed concerns about violations of international law, stating, "Let no country on Earth doubt that for a moment."
Yet, when questioned about the second strike on a boat that had survivors from an earlier attack, Hegseth distanced himself, saying he was made aware of the follow-up "hours" later and did not personally see survivors amid the "fog of war," as reported by Newsweek. Trump also claimed he "didn't know about the second strike."
According to Newsweek, the Washington Post reported that Admiral Frank Bradley, head of U.S. Special Operations Command, ordered the second strike after Hegseth allegedly gave a verbal order to kill everyone on board before the mission. Both the Pentagon and Hegseth have denied that Hegseth issued such an order.
Democrats Highlight the Contradiction
Senator Mark Kelly, a retired Navy captain, pointedly noted the contradiction between Hegseth's 2016 remarks and his current actions. After being targeted for investigation, Kelly said on CNN that Hegseth's earlier position was "exactly what we said," as reported by TIME, but now Hegseth calls their message false and reckless. Kelly questioned what had changed, suggesting that Hegseth's loyalty to President Trump had altered his stance.
Other members of the so-called "Seditious Six" echoed this sentiment. Representative Jason Crow asked publicly, "What changed, Pete? Our Secretary of Defense is an unqualified and unserious person," as reported by TIME. Representative Chris Deluzio and Representative Chrissy Houlahan reposted Hegseth's 2016 comments, thanking him for the clarity he once provided.
The Administration's Defense
The White House and Pentagon have defended Hegseth's current position, emphasizing that the military has clear procedures for handling unlawful orders and that the Democrats' video was a reckless political stunt. White House deputy press secretary Anna Kelly said the lawmakers "sowed doubt in a clear chain of command," calling it "reckless, dangerous, and deeply irresponsible," as reported by TIME.
Pentagon spokesperson Kingsley Wilson told reporters, "At the end of the day, the secretary and the president are the ones directing these strikes. And any follow-on strikes, like those which were directed by Admiral Bradley, the secretary 100 percent agrees with," as reported by Newsweek.
A Complex Legacy
Pete Hegseth's 2016 remarks about refusing unlawful orders are no longer a mere historical footnote. They have become a focal point in a broader debate about military obedience, political influence, and the rule of law. The tension between his past warnings and current condemnations reflects the complex interplay of military ethics and political allegiance in a polarized era.
According to TIME, Hegseth is currently facing allegations of war crimes related to the strikes, adding another layer to the controversy.
As investigations continue into both the Pentagon's strike operations and the conduct of lawmakers urging resistance to illegal orders, Hegseth's contradictory positions will likely remain a potent symbol of the challenges facing the US military and its leadership.
References: Hegseth said US military should refuse 'unlawful' Trump orders in unearthed 2016 interview | Pete Hegseth | Video of Hegseth telling military not to follow "illegal orders" resurfaces | Democrats Call Out Hegseth Hypocrisy Over Unlawful Orders
