Skip to content

NAPOLITANO: ‘I was just following orders’ not a valid excuse to kill people

Trump posted: “SEDITIOUS BEHAVIOR, punishable by DEATH!”

NOTE TO READERS: Please consider supporting our independence

Judge Andrew Napolitano discussed the fallout from the video that included Democratic lawmakers informing U.S. servicemembers that they can refuse illegal orders from command.

Napolitano discussed the issue with his guest John Mearsheimer, the Univeristy of Chicago professor, who agreed that the video was “pretty straightforward.”

Napolitano said these lawmakers were exercising their free-speech rights, and what they said was “an accurate statement of the law.”


He said the claim by some is that such a message would cause some kind of “disruption in the ranks,” but he cited the Nuremberg trials and how, “I was just following orders” is not a valid excuse to “killing and harming non-violent and innocent people.”

Mearsheimer said the implication is that military leadership may issue thousands of orders a week, and a “huge chunk” may be illegal, which could lead to insurrection.

“I don’t think that’s how it works,” he said. “I think that every once in a while, you’ll get an order that is clearly illegal, people understand that…and they could question that order. And if the person up on top, the commander, who issued the order, has a good explanation about what’s going on, he or she could give that to the subordinate who is asking if that order is illegal or not.”

The New York Times reported that Sen. Elissa Slotkin, D-Mich., a former C.I.A. analyst, organized the video that included Sen. Mark Kelly, D-Ariz., saying, “Our laws are clear. You can refuse illegal orders.”

The video also featured Reps. Jason Crow, D-Colo; Chris Deluzio, D-Penn.; Maggie Goodlander, D-NH; Chrissy Houlahan, D-Pa.

U.S. President Donald Trump posted on Truth: “Their words cannot be allowed to stand. SEDITIOUS BEHAVIOR FROM TRAITORS!!! LOCK THEM UP???”

He followed that up: “SEDITIOUS BEHAVIOR, punishable by DEATH!”