Vindman: Trump and Hegseth’s Public Push Could Amount to ‘Undue Command Influence’

Rep. Eugene Vindman warned that public calls by President Trump and Pete Hegseth to prosecute lawmakers featured in a video urging service members not to follow "illegal orders" could constitute undue command influence and jeopardize military prosecutions under Article 37 of the UCMJ. Vindman said such public pressure might prompt investigators to subpoena Hegseth or even the president as witnesses. Sen. Mark Kelly, who appears in the video, is under Pentagon inquiry; supporters call the probe retaliation.

02:13 AM, 11/27/2025Politics

Vindman: Trump and Hegseth’s Public Push Could Amount to ‘Undue Command Influence’

Rep. Eugene Vindman (D-Va.) warned Tuesday that public pressure from President Donald Trump and Pete Hegseth to pursue prosecutions of lawmakers who appeared in a video urging service members not to follow what the speakers called "illegal orders" could undermine any military case by creating undue command influence.

"It's not just Pete Hegseth. It is also the president himself. Both of them have been involved in undue command influence. And I will tell you, there's no faster way to kill a case in the Uniform Code of Military Justice, in a military court, than undue command influence. And this goes all the way to the top," Vindman said during an appearance on MS NOW (formerly MSNBC).

"The interesting thing here is that if this ever sees the inside of a courtroom, and I doubt it, Pete Hegseth and potentially even the president might be called as witnesses, because that's typically what happens in undue command influence when that issue is raised," he added.

Yale Law defines undue command influence as improper interference by a senior military or civilian leader in the military justice process that undermines its independence and impartiality. Such interference can be treated as a violation of Article 37 of the Uniform Code of Military Justice and may be grounds to dismiss or jeopardize a prosecution.

Trump has publicly condemned the six Democratic lawmakers who appear in the video, labeling their remarks "seditious behavior" and saying the conduct could carry severe penalties. Hegseth has likewise criticized the lawmakers, calling them the "Seditious Six" and accusing them of a "politically motivated influence operation" aimed at sowing doubt within the armed forces.

Among those featured in the video is Sen. Mark Kelly (D-Ariz.), a retired naval officer, who is reportedly under Pentagon investigation over what officials described as "serious allegations of misconduct." Kelly and his supporters, including Vindman, say his comments urged service members to uphold the law and follow lawful orders. Vindman called the investigation "outrageous" and characterized it as retaliation and intimidation intended to silence critics.

The issue of undue command influence carries particular weight in military justice because overt public calls by senior leaders for prosecution can be interpreted as attempting to influence judicial outcomes or military decision-making. If raised in court, such allegations often prompt detailed inquiry and can lead to the recusal of cases or the calling of senior figures as witnesses.

Why it matters: Allegations of undue command influence strike at the independence of military courts and could determine whether any disciplinary action proceeds. Vindman's comments highlight the legal and constitutional questions that can arise when political leaders publicly demand punitive action against critics.