Arizona State Senator Kevin Payne expressed concerns regarding a video released by six Democratic members of Congress. The video, which urges military and intelligence personnel to refuse illegal orders, was criticized by Payne for potentially undermining military discipline and readiness. Payne’s remarks were made in a letter addressed to U.S. Senator Mark Kelly.
“The decision to use military service members as political props in a video implying that the Commander-in-Chief may issue illegal orders crosses a line that should have never been approached,” said Payne, State Senator for Arizona. “By leaving “unlawful orders” vague and undefined, the video aims to plant suspicion before any order has even been given. The unmistakable implication is that President Donald J. Trump is preparing to issue illegal commands. That insinuation is false. Under federal law, sedition includes attempts to cause insubordination, disloyalty, or refusal of duty among the armed forces (18 U.S.C. § 2387). The Democrat video’s messaging—encouraging troops to question the lawfulness of hypothetical orders from a lawfully elected President—edges disturbingly close to that line. Those of us who have served in uniform understand the stakes. The trust in the chain of command is not theoretical – it is the backbone of military readiness.”
According to coverage of the incident, President Donald Trump responded strongly on social media, describing the video’s implications as seditious behavior under federal law. The video did not specify what orders might be considered illegal.
Department of Defense Directive 1344.10 mandates that active-duty service members refrain from engaging in activities that could link the Department of Defense with partisan political efforts. This policy aims to maintain the military’s neutrality and prevent confusion over the chain of command, particularly when political messaging involves military obedience.
A brief from the Congressional Research Service highlights that civilian control over the military is a key constitutional principle intended to avoid military alignment with political factions. Historical analyses cited by Congress indicate that messages directed at troops by political figures can lead to concerns about loyalty, obedience, and the appropriate role of armed forces in domestic governance. This underscores why such communications are closely monitored.
Kevin Payne serves as an Arizona State Senator for District 27 and has previously served in the Arizona House of Representatives. A member of the Republican Party, Payne has a background in electrical engineering and small business ownership and has been active in state-level legislative roles.
