Rep. Adam Smith, D-Wash., said Wednesday that he believes President Donald Trump has issued illegal military orders, offering the remarks during an interview on “CNN News Central” about a recent video featuring six Democratic lawmakers.

The video, released last week, urged U.S. service members to “refuse illegal orders,” though it did not cite any specific directive from the president.

The Department of War announced Monday that it had opened a formal review into Sen. Mark Kelly, D-Ariz., who appeared in the video.

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Smith criticized the administration’s decision to pursue the review, arguing that Kelly’s participation constituted protected political speech.

That prompted CNN host Boris Sanchez to ask whether Smith believed President Trump had issued illegal orders, as the video implied.

“Yes, I do,” Smith said.

“But, more to the point on the video, I mean, why can’t an elected representative express that opinion? It’s an opinion that’s been expressed many times over many conflicts. Yeah, I think the order to blow up those boats in the Caribbean without any, you know, actual probable cause, national security justification or any declaration of war or armed conflict by the U.S. Congress, I think it is illegal. That’s a legitimate opinion to hold, and it’s a legitimate opinion to express," he continued

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“It should not face the threat of legal action if you exercise your First Amendment rights, especially the six who are elected representatives of the people. They actually have an obligation to stand up for what they believe in to do their jobs as elected representatives.”


Smith also said the War Department’s actions toward Kelly represented a “threat to everybody” and compared the situation to conduct he associated with a “totalitarian government.”

The video in question featured six Democratic lawmakers addressing service members directly.

The lawmakers urged troops to reject what they described as potentially unlawful commands, although they did not provide examples of illegal orders or link the message to any specific military action.

While Smith said he believed illegal orders had been issued, not all of the lawmakers in the video have taken the same position.

Sen. Elissa Slotkin, D-Mich., who appeared alongside Kelly, offered a different view during an interview with ABC’s “This Week” on Sunday.

When asked whether she was aware of any illegal military orders from President Trump, Slotkin said she was not.

“To my knowledge, I am not aware of things that are illegal, but certainly there are some legal gymnastics that are going on with these Caribbean strikes and everything related to Venezuela,” Slotkin said.

The War Department’s review of Kelly remains ongoing.

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