Eric Swalwell says military can act as a ‘check’ on Trump amid Dem video on 'illegal orders'

WASHINGTON, DC: Rep. Eric Swalwell sparked intense debate after asserting that US service members have privately told him they could serve as a “check” on President Donald Trump if ordered to take unlawful actions.

The California gubernatorial candidate made the remark while appearing on Don Lemon’s show on Monday, where he addressed growing controversy surrounding a viral video urging the military to resist “illegal orders.”

The uproar began after six Democratic lawmakers appeared in the clip warning service members to uphold their oath to the Constitution rather than blindly follow directives from Trump. 

The Department of War later confirmed it had launched a formal review into allegations of misconduct against Arizona Sen Mark Kelly, a retired Navy captain, for participating in the video. The investigation immediately fueled questions about political pressure and military independence.

Eric Swalwell says service members vowed not to ‘betray their oath’

Swalwell argued that the scrutiny on Kelly revealed more about Trump’s intentions than the senator’s behavior. “What gives me hope, and I talk to service members all the time,” he told Lemon.

“They tell me that I don't appreciate enough and the public doesn't appreciate enough that while Congress is not a check on the president anymore, and the judiciary at the Supreme Court is hardly a check, military members have told me, ‘We can be a check.’”

According to Swalwell, those conversations highlighted a quiet but firm resistance inside the ranks. “They’re essentially saying, ‘We’re not going to betray our oath to the Constitution because this guy tells us to.’ While it's not codified that way, they're not a branch of government on their own, their honor and integrity might just save us,” he said, suggesting that military discipline and ethical standards provided a critical safeguard.

Eric Swalwell says GOP fears refusal of unlawful orders

The Democrat insisted that the Trump administration’s pushback against Kelly exposed its underlying motives.

“To me, the only reason you’d go after Mark Kelly if he’s telling soldiers, ‘You don’t have to follow an unlawful order’ and they don’t, is if you intend to carry out unlawful orders,” Swalwell said. “If you don’t intend to carry out unlawful orders, why do you care that somebody would say that?”

He also accused Republicans of encouraging troops to “ignore the Constitution,” echoing Lemon’s assessment that the administration was weaponizing authority to silence critics.

Ruben Gallego warns military personnel of future consequences

On the same day as Swalwell’s remarks, Sen Ruben Gallego issued a stern warning on CNN, cautioning that service members who target elected officials on Trump’s behalf could face repercussions down the line.

 “Donald Trump is going to be gone in a couple of years,” he said. “And if you’re part of the military that is going after sitting senators, sitting members of Congress and part of the weaponization of government, there will be consequences, without a doubt.”

Fox News Digital confirmed it had reached out to the Department of War for further comment on the investigation, but no immediate response was provided.