Rep. Eric Swalwell (D-CA) stated during a recent media appearance that members of the U.S. military have expressed to him that they see themselves as a constitutional “check” on President Trump. His remarks come as concerns mount over political rhetoric involving the role of the Armed Forces in civilian government.
Speaking on The Don Lemon Show, Swalwell said that servicemembers have told him privately they are prepared to act if President Trump were to issue what they view as unlawful orders. His comments follow the release of a video from six House Democrats urging military personnel to “refuse illegal orders,” a move that has triggered backlash and a Navy review into the conduct of one of the lawmakers involved.
Swalwell accused the Trump administration of “telling on itself” by investigating the video and claimed that the military’s role is not just to follow orders, but to interpret legality in times of political crisis. Critics argue this narrative undermines the foundational principle of civilian control over the military and dangerously blurs constitutional boundaries.
The notion that military personnel would independently determine the legitimacy of presidential orders has drawn sharp concern from legal scholars, veterans, and constitutionalists alike. Many view such suggestions as irresponsible and inflammatory, especially given the military’s apolitical mandate and the potential implications for national stability.
President Trump has not responded directly to Swalwell’s statements, but his allies have condemned the comments as reckless and unconstitutional. The controversy underscores ongoing tensions between elected officials and the Armed Forces amid deepening political divides in the lead-up to the 2026 election cycle.
