On Monday Pete Hegseth, the secretary of defense, directed the Pentagon to investigate Sen. Mark Kelly, a retired Navy captain who flew combat missions during the gulf war and took several spaceflights as an astronaut before he was elected to serve Arizona’s citizens in Congress. His potential crime? Telling members of the armed services that they do not have to follow illegal orders. But saying so is not a crime; it’s a true statement of the law. And even if President Trump doesn’t like it, it’s protected by the First Amendment.

In a video released last week, Sen. Kelly and several other Democratic lawmakers reminded members of the military that they “can refuse illegal orders.” That’s exactly right. “Following orders” is not a defense if you follow an illegal order to commit a war crime

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