Explainer: Can military members refuse orders?
Kelly defended the lawmakers’ video as an effort to stand up for the Constitution.

SOURCE CHECK
TAP FOR WHYCredibility rates ABC7 New York, which republished this story. The other scores rate the article itself.
ABC7 New York is an established local news outlet, and this report attributes legal explanations to multiple named experts and statements to the lawmakers and administration officials involved. The page appears to carry ABC News material, so the reporting credit belongs primarily to the network newsroom.
- Source type — An established local television news outlet with a recognizable newsroom.
- Author attribution — The article names an author and identifies interviewees and quoted officials.
- Editorial standards — The report distinguishes expert explanations from statements by the political figures involved.
- Transparency — The copyright notice identifies ABC News Internet Ventures, suggesting network-originated material on the affiliate page.
The article explains the relevant legal standard with several named military-law experts and includes statements from lawmakers and administration officials on both sides of the dispute. It offers useful procedural context, though it does not establish whether any service member received an unlawful order or resolve the legal questions raised.
HOW WE SCORE ↗The story gives the lawmakers’ rationale, administration criticism and legal experts’ explanations, including concerns about both unlawful orders and the risks of disobedience. It leaves some claims and legal questions unresolved, but does not present the dispute as settled.
- Source diversity — Named experts, Democratic lawmakers and administration officials are represented.
- Counterarguments presented — The article reports criticism of the lawmakers’ video as well as their explanation for it.
- Omitted context — The article says it is unclear whether service members have been asked to break the law and does not resolve the cited legal questions.
- Loaded language — Charged terms are attributed to officials rather than adopted by the article’s narration.
The article uses explanatory language and attributes competing political claims to their speakers. It presents both the lawmakers’ rationale and administration criticism without adopting either as its own conclusion.
- Language tone — The legal explanation is presented in measured, largely neutral language.
- Source selection — The article includes lawmakers, administration officials and military-law experts.
- Framing — The explainer focuses on the legal standard and risks rather than endorsing either political side.
Republished with credit
Republished from ABC News, with credit to the original publisher.
167 stories · 83–84 · updated Oct 10, 2026
This is ABC News's own score, and this article is credited to ABC News. The host score in the Source Check is ABC7 New York's.
An explainer outlines when U.S. service members may refuse orders as lawmakers’ video urging troops to refuse illegal orders draws criticism and prompts a Defense Department investigation into Sen. Mark Kelly. Legal experts say orders are generally presumed lawful, while service members face risks if they disobey an order later found lawful.
The article explains that service members may refuse unlawful orders, but are generally expected to presume orders are lawful when they come from proper authority and relate to military duty. Experts say the clearest requirement to refuse applies to patently unlawful actions; disobeying an order that is later found lawful can carry consequences. They advise seeking clarification and legal counsel when possible.
Community verdict
14 VOTESCounts every outlet’s report of this story. See all 4
- Readers of left-leaning coverage: 80% good look
- Readers of right-leaning coverage: not enough votes yet
Votes cast on this page
Votes cast on this page: ▲ 0 · ◆ 0 · ▼ 0
People in this story
SWIPE →Senator who participated in and defended the video about refusing illegal orders
Senator who participated in the video and explained why lawmakers released it
Slotkin's version of this story ↗President whose response to the video is described by Kelly
Defense secretary who criticized the video and said the Pentagon was reviewing Kelly’s statements and actions
Vice President who argued that lawmakers’ message to the military was illegal if the president had issued no illegal orders
Part of a bigger story
4 OUTLETS- ARTICLES
- 4
- OUTLETS
- 4
- AVG CRED
- 59
- Wonkette · Whiskeydick Pete Hegseth Court-Martialing Mark Kelly For Not Doing A Sedition
- Thefederalist · Undermining National Security Is Nothing New For Mark Kelly
- Yahoo News · 'The View': Alyssa Farah Griffin Thinks Hegseth Is Coming for Mark Kelly 'Because He's Being Sidelined' in Ukraine Negotiations
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