California gubernatorial candidate and Democratic Rep. Eric Swalwell said on Monday that members of the military have told him they can act as a “check” on President Donald Trump.
Swalwell made the comments during an appearance on Don Lemon’s show, where he discussed the controversy surrounding a video featuring six Democratic lawmakers urging service members to “refuse illegal orders” from the president.
The Department of War announced on X that it launched a formal review into allegations of misconduct against Arizona Sen. Mark Kelly, a retired Navy captain, for appearing in the video.
The video drew national attention for its message directed at military personnel.
Swalwell said the review demonstrated what he described as the administration responding to Kelly’s remarks.
He said the decision to examine Kelly’s conduct signaled concern within the administration.
Swalwell said, “What gives me hope, and I talk to service members all the time. 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.’”
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He continued, “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.”
During the segment, Swalwell agreed with Lemon’s characterization that the Trump administration and Republicans were telling service members to disregard the Constitution.
Swalwell said, “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. If you don’t intend to carry out unlawful orders, why do you care that somebody would say that?”
The discussion took place on the same day Sen. Ruben Gallego of Arizona addressed the issue on CNN.
Gallego warned military personnel about potential repercussions if they acted against Kelly.
Gallego said, “Donald Trump is going to be gone in a couple of years. 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.”
Mark Kelly: We wanted to explain to members of the military that we have their backs.
Ruben Gallego, a few hours earlier: Threatens members of the military with retaliation over investigation into Kelly. pic.twitter.com/hfyHyTYXl1
— Western Lensman (@WesternLensman) November 25, 2025
The video at the center of the controversy featured lawmakers directing their comments at service members and urging them to refuse what they called “illegal orders.”
The Department of War’s review of Kelly followed the publication of the video and the reactions that came in its aftermath.
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