“When Political Speech Is Mistaken for Treason”

When people start calling a video “treason” or “sedition” just because it tells service members to refuse unlawful orders, it’s time to set the record straight. That’s not only wrong — it’s legally and constitutionally ridiculous.

Treason is narrowly defined in the Constitution. It only happens when someone wages war against the United States or helps its enemies¹. Nothing in that video comes close. Giving advice about following lawful orders and refusing unlawful ones is not treason. It’s a basic statement of law. And sedition? Mutiny? Those crimes require intent to overthrow authority with force or conspiracy² ³. The video does none of that. It simply reminds service members of their duty. That’s it.

Some have even suggested the Secretary of Defense could recall retired officers or veterans, like Mark Kelly, to court-martial them for speaking. Sure, technically retirees who get retired pay are still under the UCMJ⁴. But in practice? The law and military policy make it nearly impossible. Court-martialing a retired officer for political speech, especially when they’re now civilians and lawmakers, would run headfirst into the First Amendment and separation-of-powers rules. Anyone who tries it is abusing power and ignoring reality. Military statutes and Title 10 allow for recall in certain circumstances⁵, but this is not one of them.

From a Christian point of view, this is even clearer. Laws only bind when they’re just. Augustine of Hippo said it best: an unjust law is no law at all⁶. If a government command violates justice, conscience comes first. The military itself recognizes this: manifestly unlawful orders do not have to be obeyed. Telling service members that is not rebellion. It’s exactly what morality and the law demand.

When leaders label lawful advice as “treason” or try to punish people for saying it, they’re not protecting order. They’re spreading fear, twisting the law, and creating double standards: one for the powerful, another for everyone else. That’s not patriotism. That’s hypocrisy.

Our country only works if people respect the Constitution, the law, and conscience. Lawful orders get followed. Unlawful orders get refused. And telling people about that duty is not a crime. It’s common sense. Christians and everyone who cares about justice should call it out: authority ends where illegality begins.

Footnotes

1. U.S. Constitution, Article III, Section 3 

2. Treason Clause interpretation

3. UCMJ Articles 88, 134

4. Do retirees fall under UCMJ?

5. Can retired military be called back to duty? 

6. Augustine of Hippo, The City of God: “An unjust law is no law at all.”